IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26347 of 2011(P) -------------------------- PETITIONERS: ------------ 1. P.DIVAKARAN, OFFICE ATTENDANT GRADE-1, KERALA STATE ELECTRICITY BOARD,(RETIRED), S/O.NARAYANAN,AGED 74 YEARS,PATHIRICKAL HOUSE, KADPUR,VATTUKULAM PO,KOTTAYAM. 2. UNNIKRISHNA PILLAI,SENIOR SUPERINTENDENT ,KERALA STATE ELECTRICITY BOARD (RETIRED),S/O.NARAYANA PILLAI,AGED 62 YEARS, RESIDING AT AISWARYA HOUSE,POTHY, THALAYOLAPARAMBU PO,KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: ------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR, GOVERNEMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDYTHI BHAVAN, PATTOM PO,THIRUVANANTHAPURAM ,PIN 695 004. 3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KOTTAYAM. 4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION,KAKKANAD,ERNAKULAM. R1, R3 & R4 BY GOVT.PLEADER SRI.G.GOPAKUMAR R2 BY ADV.SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 26347 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE COMMON ORDER DATED 17/8/2007 IN GC NO.214/05 AND OTHER CASES OF THE 3RD RESPONDENT. EXHIBIT P2: TRUE COPY OF THE ORDER DATED 10/7/2007 IN GC NO.26/05 AND OTHER CASES OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 26347 of 2011 ------------------------------- Dated this the 4th day of October, 2011 J U D G M E N T The petitioner are the retired employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement they were paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after his retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioners filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) seeking payment of gratuity in terms of the said enactment. By Ext.P1 and P2 orders, the Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity with interest at applicable rates from the respective due dates. This writ petition is filed contending that though the principal amount of gratuity directed to be paid by the Controlling Authority under the Act was deposited and later disbursed, the interest payable in terms of Exts.P1 and P2 orders passed by the Controlling Authority have not been deposited so far. In this writ petition, the petitioner seeks an order directing the Board to pay the interest portion expeditiously. W.P.(C) No.26347/2011 2 2. Sri.K.S.Anil, the learned standing counsel appearing for the Board submitted that the Board has by order No. B.O.(FB) No.1313/2011(PSI/Gratuity/TVPM/2006) dated 24.5.2010 decided to adopt and implement the provisions of the Act in respect of the employees of the Board and that the Board will therefore take steps to deposit the interest portion expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment the Board may be granted at least six months' time from today to deposit the interest portion and that the liability of the Board to pay interest may be limited till the date of deposit of the principal amount. The learned counsel appearing for the petitioner did not oppose the said request. That apart, I have by judgment delivered on 7.6.2011 in W.P.(C) No. 639 of 2011 and connected cases disposed of similar writ petitions filed by former employees of the Board wherein after taking note of the heavy financial commitment involved, I granted the Board six months' time from the date of the judgment to deposit the interest portion and had also directed that interest will run on the principal amount of gratuity directed to be paid by the Controlling Authority only from the respective due date till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions: W.P.(C) No.26347/2011 3 (i) The Board shall within six months from today deposit before the Controlling Authority the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 and P2 orders from the due date till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. (iii) If the petitioners have withdrawn the principal amount of gratuity after executing a bond, such withdrawal will be treated as unconditional. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.26347 of 2011 JUDGMENT Dated:- 4th October, 2011 --------------------------------------