IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17516 of 2011(L) ----------------------------------------- PETITIONER(S): ------------------------- 1. A.V.VARGHESE, (APPLICANT IN G.C. NO.55/07) AGED 61 YEARS, S/O.VARGHESE, EDASSERY HOUSE, VAVANA NAGARA, NAZRETH ROAD, ANGAMALY. 2. P.K.RADHAKRISHNAN NAIR,(APPLICANT IN G.C.NO.54/07), CHAITHRAM, THAYIKKATTUKARA P.O. 3. P.R.THYAGARAJAN,(APPLICANT IN G.C.NO.52/07), PALLATH HOUSE, NEERICODE P.O., N.PARAVOOR. 4. M.IBRAHIMKUTTY, (APPLICANT IN G.C.NO.48/07), CHAMPARAMBIL HOUSE, U.C.COLLEGE P.O.,ALUVA. 5. S.K.BAVA,(APPLICANT IN G.C.NO.47/07), SABAAH MANZIL, KODIKUTHUMALA, ALUVA. 6. M.M.CHANDRAN, (APPLICANT IN G.C.NO.46/07), SUBHA NIVAS, ASOKAPURAM, ALUVA. 7. N.MURALEEDHARAN,APPLICANT IN G.C.NO.43/07), N.G.O.QUARTERS NO.11/2, ALUVA P.O. 8. M.K.MUHAMMED,(APPLICANT IN G.C.NO.42/07), MANGALASSERY HOUSE, ERUMATHALA P.O.,ALUVA-5. 9. K.K.IBRAHIM,(APPLICANT IN G.C.NO.38/07), KANJIRATHINKAL HOUSE, SREEMOOLANAGARAM P.O.,ALUVA. 10. K.K.RAJAPPAN,(APPLICANT IN G.C.NO.37/07), THOMMACHATTU HOUSE, DESOM P.O., ALUVA. 11. AMBUJAM.K, (APPLICANT IN G.C.NO.36/07), USHUS, NEAR FIT, THAYIKKATTUKARA P.O.,ALUVA. Kss ..2/- ..2.... WPC.NO.17516/2011 L 12. P.A.ANNA,(APPLICANT IN G.C.NO.35/07), KANATHIL HOUSE, ASOKAPURAM P.O., ALUVA. 13. P.V.RADHAKRISHNAN, (APPLICANT IN G.C.NO.30/07), SREEPADAM, TEMPLE ROAD, THOTTAKATTUKARA,ALUVA. 14. V.A.PURUSHOTHAMAN, (APPLICANT IN G.C.NO.29/07), NOOTTATTU PUTHENVEEDU WEST, KADUNGALLOOR, ALUVA-10. 15. A.K.UNNIKRISHNA PILLAI,(APPLICANT IN G.C.NO.28/07), NIRMALYAM, MYTHRI LANE, CHEMBAKASSERY,ALUVA. 16. K.S.SUBRAMANIAN,(APPLICANT IN G.C.NO.25/07), KOMBANALIL HOUSE, EAST MORAKKALA, KUMARAPURAM P.O., ALUVA. 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 (DISTRICT LABOUR OFFICER, ERNAKULAM)-682 030. 3. REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANADU, ERNAKULAM-682 030. 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, KSEB R2 TO R4 BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17516/2011 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 14/12/2010 OF THE DISTRICT OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.17516 of 2011 ----------------------------------------- Dated this the 30th June, 2011 JUDGMENT The petitioners are former employees of the Kerala State Electricity Board. On their retirement from service they were paid terminal benefits including gratuity computed in terms of the provisions contained in the Kerala Service Rules. Long after retirement, relying on the decision of this Court in O.P.No.674 of 2002 which was affirmed by a Division Bench of this Court in W.A.No.1062 of 2003, they filed separate applications before the Controlling Authority under the Payment of Gratuity Act. By Ext.P1 order passed on 14.12.2010, the Controlling Authority allowed the applications and directed payment of difference in the amount of gratuity together with interest at 10% per annum from the respective due dates. This writ petition is filed contending that though Ext.P1 has not been challenged in appeal, the Board has not till date deposited the principal amount of gratuity or the interest payable to the petitioners. 2. When the writ petition came up for hearing today, W.P(C).No.17516 of 2011 -:2:- Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued order B.O(FB)No.1313/2011 (PS1/Gratuity/TVPM/2006) dated 24.5.2011 whereby the Board has decided to adopt and apply the provisions of the Payment of Gratuity Act, 1972 in respect of its employees and therefore the Board will deposit the amount payable to the petitioners at the earliest. The learned standing counsel submitted that in view of the decision now taken, the Board will have to incur an additional expenditure of approximately Rs.250 crores to pay gratuity under the Payment of Gratuity Act, 1972 and therefore the Board may be granted three months' time to deposit the balance amount of gratuity and six months' time from the date of deposit of the balance amount to deposit the interest portion calculated from the respective due dates till the date of deposit of the balance amount. The learned counsel appearing for the petitioners did not oppose the said request. In such circumstances I dispose of the writ petition with the following directions:- a) The Board shall deposit the balance amount of gratuity in terms of Ext.P1 order passed by the Controlling Authority under the Payment of Gratuity Act, 1972 within three months from the W.P(C).No.17516 of 2011 -:3:- date on which the petitioners produce a certified copy of this judgment before the Secretary of the Kerala State Electricity Board. Upon such deposit being made it will be open to the petitioners to withdraw the amount unconditionally. b) The Board shall deposit the interest portion which the petitioners are entitled to, computed with effect from the respective due dates till the date of deposit of the principal amount, within six months from the date of deposit of the principal amount. Upon such deposit being made the petitioners are free to withdraw that amount also. c) It is clarified that the petitioners will not be entitled to interest for the period after the deposit of the principal amount. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.17516 of 2011 ---------------------------- JUDGMENT 30th June, 2011