IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21701 of 2011(K) ---------------------------------- PETITIONER(S): ------------------- 1. C.V.MADHANA MOHANAN, (APPLICANT IN G.C NO.55/05) CHERUMANNEL,MARUSOUTH,ALUMKADAVU P.O, KARUNAGAPPALLY,KOLLAM. 2. V.SANTHAMMA, (APPLICANT IN G.C NO.51/05) BINU BHAVAN,MANAKKARA,SASTHAMKOTTAH,KOLLAM. 3. M.SHAMSUDHEENKUTTY, (APPLICANT IN G.C NO.44/05) ALUVILAYIL VEEDU, VENGA P.O, SASTHAMKOTTAH,KOLLAM. 4. B.AMINA BEEVI, (APPLICANT IN G.C NO.53/05) MUKALUVILAYIL,KAMPALADY, PORUVAZHI,KOLLAM. 5. P.SARASWATHY, (APPLICANT IN G.C NO.50/05) GANGA BHAVAN,MANAKKARA,SASTHAMKOTTAH,KOLLAM. 6. GEETHALAKSHMI AMMAL, (LEGAL HEIR OF APPLICANT IN G.C NO.48/05) W/O.LATE L.CHELLAPPAN CHETTIYAR, GEETHANCHALI,THODIYOOR NORTH,KARUNAGAPPALLY,KOLLAM 7. V.GOPALAN NAIR, (APPLICANT IN G.C NO.58/05) VAZHUTHANAL VEEDU,KOTTANKULANGARA, CHAVARA P.O, KOLLAM. 8. C.LALITHAMBIKA, (APPLICANT IN G.C NO.52/05) KUNNUTHARA,ARINELOOR P.O,KOLLAM. svs ........2/-... ...2... WPC. NO.21701/2011 9. K.K.NADARAJAN, (APPLICANT IN G.C NO.851/06) KABINTETHARAYIL,MEMANA,OCHIRA P.O. 10. D.GEETHA, (APPLICANT IN G.C NO.854/06) SANDHYA BHAVAN,VARAVILA P.O, VAVAKKAD. 11. H.IBRAHIMKUTTY, (APPLICANT IN G.C NO.860/06) KATTOORTHEKKATHIL,KALLELIBHAGAM P.O, KARUNAGAPPALLY. 12. V.KUNJU PILLAI, (APPLICANT IN G.C NO.826/06) KALATHINETEMEKKATHIL,THAZHAVA NORTH EAST, MAINAGAPPALLY. 13. P.O MATHEW VAIDYAN, (APPLICANT IN G.C NO.858/06) PLAVILA VADAKKE PUTHENVEEDU, KIZHAKKEKARA. 14. N.RAGHAVAN, (APPLICANT IN G.C NO.783/06) LEKHALAYAM,PAYIKUZHY,OACHIRA. 15. P.PEETHAMBARAN, (APPLICANT IN G.C NO.786/06) THUNDIL VEEDU,KADATHOOR, K.S.PURAM P.O. 16. K.O.PRABHAKARAN, (APPLICANT IN G.C NO.806/06) MARAKKASSERIL,ALUMPEEDIKA P.O, PADA SOUTH,OACHIRA. 17. RAJANI, (LEGAL HEIR OF APPLICANT IN G.C NO.864/06) W/O.V.RAMACHANDRAN,SHINU BHAVANAM, ADINADU SOUTH,KATTIKADAVU P.O,KARUNAGAPPALLY. 18. K.MUHAMMEDKUNJU, (APPLICANT IN G.C NO.152/05) NADALAYIL VEEDU,SOUTH EAST THAZHAVA, S.R.P MARKET P.O. 19. O.SAMUEL, (APPLICANT IN G.C NO.149/05) KARALIL,K.S PURAM P.O, KADATHOOR, KARUNAGAPPALLY. svs ...........3/- ...3... WPC. NO.21701/2011 20. M.IBRAHIMKUTTY, (APPLICANT IN G.C NO.148/05) MUTHANISSERIL,PADA NORTH,KARUNAGAPPALLY. 21. SATHEESH, (LEGAL HEIR OF APPLICANT IN G.C NO.147/05 S/O.LATE M.RAMDAS,ALAMPILLY VADAKKATHIL HOUSE, VAVAKKAVU P.O, KOLLAM. 22. SHAILAJA, (LEGAL HEIR OF APPLICANT IN G.C NO.147/05) D/O.LATE M.RAMDAS,ALAMPILLY VADAKKATHIL HOUSE, VAVAKKAVU P.O, KOLLAM. 23. S.B SASIDHARAN, (APPLICANT IN G.C NO.146/05) SWATHI,ATHINADU NORTH P.O, KARUNAGAPPALLY. 24. G.GOPALAKRISHNAN, (APPLICANT IN G.C NO.145/05) DARSANA,MANNAPPALLY P.O. 25. RAJAN, (APPLICANT IN G.C NO.18/06) THEEPLAVILA THEKKETHIL,THEKKEMURI, SOORANADU P.O. 26. N.SHANTHAMMA, (APPLICANT IN G.C NO.20/06) PUSHPA VILASOM,SOORANADU SOUTH,PATHARAM 27. P.SUGATHA, (APPLICANT IN G.C NO.21/06) NITHYA,KUTHIRAPANTHU P.O, THAZHAVA. 28. K.RATHNAMMA (APPLICANT IN G.C NO.23/06) MUNDUTHARAYIL HOUSE, CLAPPANA NORTH. 29. K.VIJAYAN, (APPLICANT IN G.C NO.32/06) UTHRADOM,KALLELIBHAGAM P.O, KARUNAGAPPALLY. 30. A.PARAMESWARAN, (APPLICANT IN G.C NO.34/06) VAKKAYIL HOUSE,KOTTAKKUPURAM, ADINADU SOUTH,CLAPPANA P.O. svs ............4/-.... ...4... WPC. NO.21701/2011 31. N.APPUKUTTAN, (APPLICANT IN G.C NO.35/06) AMBILI SADANAM,CLAPPANA NORTH,CLAPPANA. 32. K.GOPALAKRISHNA PILLAI, (APPLICANT IN G.C NO.37/06) KARAMEL THEKKATHIL,CHERUSSERY BHAGAM, CHAVARA P.O. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): --------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND DISTRICT DISTRICT LABOUR OFFICER, KOLLAM - 691 001. 3. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM - 691 001. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR AND REHABILITATION THIRUVANANTHAPURAM 695 001. R1 BY ADV. SRI. K.S.ANIL, SC., K.S.E.B. R2 TO R4 BY GOVT. PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 21701/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 21/01/2006 RELATED TO PETITION 1 TO 8. P2: COPY OF THE ORDER DATED 15/01/2008 RELATED TO PETITION 9 TO 13. P3: COPY OF THE ORDER DATED 12/06/2006 RELATED TO PETITION 14 TO 17 P4: COPY OF THE ORDER DATED 12/06/2006 RELATED TO PETITION 18 TO 24. P5: COPY OF THE ORDER DATED 15/01/2008 RELATED TO PETITION 25 TO 28. P6: COPY OF THE ORDER DATED 15/01/2008 RELATED TO PETITION 29 TO 32. P7: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P1. P8: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P2. P9: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P3. P10: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P4. P11: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P5. P12: COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST @ 10% AS DIRECTED IN EXT.P6. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.21701 of 2011 ------------------------------- Dated this the 9th day of August, 2011 J U D G M E N T The petitioners, except 6, 17, 21 and 22 are former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Petitioners 6, 17, 21 and 22 are the legal heirs of former employees of the Board. Upon retirement the predecessor-in-interest of petitioners 6, 17, 21 and 22 and other petitioners were paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after their retirement, relying on the decision of this Court in O.P. No.674 of 2002, they filed separate applications 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 Exts.P1 to P6 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 the orders passed by the W.P.(C) No.21701 of 2011 2 Controlling Authority has not been deposited so far. In this writ petition, the petitioners seek an order directing the Board to pay the interest portion expeditiously. 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 24.5.2011 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 to pay interest may be limited till the date of deposit of the principal amount of gratuity. The learned counsel appearing for the petitioners 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 W.P.(C) No.21701 of 2011 3 directed to be paid by the Controlling Authority only from the respective due dates till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions: (i) The Board shall within six months from today deposit the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P6 orders computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority. (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 bonds, such withdrawal will be treated as unconditional. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.21701 of 2011 JUDGMENT Dated:- 9th August, 2011 --------------------------------------