IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 19368 of 2011(U) -------------------------- PETITIONERS: --------------------- 1. P.VARGHESE, S/O.PAILY, VATHYATE HOUSE, MEKKADAMPU POST, VALAKOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT (GC.163/04) 2. K.K.VARGHESE, S/O.KURIAKOSE, KAYYALAPPARAMBIL HOUSE, MUVATTUPUZHA POST, MUVATTUPUZHA (GC.169/04) 3. R.S.RAJAMBIKA, W/O.N.PRABHAKARAN ASSARI, LAKSHMI NIVAS HOUSE, GOVERNMENT H.S.ROAD, MUVATTUPUZHA POST, MARADY VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT.(GC NO.183/04). 4. K.SARASAMMA, S/O.A.P.CHELLAPPAN, EDAKKUDIYIL HOUSE, KADATHY, MEKKADAMBU POST, MUVATTUPUZHA (GC 192/04). 5. K.R.CHANDRASEKHARAN, S/O.RAMAN, KARAKKUNNATHU HOUSE, KALAMPOOR POST, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK. (GC 354/04). 6. K.P.KARUMBAN, S/O.PALAN, KUZHIVELIARIKIL HOUSE, PAZHOOR POST, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK (GC 356/04). 7. S.ABDUL SATHAR, S/O.SYED MOHAMMED, BANGLAVUPARAMBIL HOUSE, ENANELLOR POST, MUVATTUPUZHA. (GC 411/04). 8. C.K.RAMAN NAIR, S/O.KESAVAN NAIR, SREEVILAS HOUSE, RAMAMANGALAM POST, RAMAMANGALAM VILLAGE, MUVATTUPUZHA. (GC 447/04). 9. K.V.CHACKO, S/O.PAREED, KUNNAPPILLIL HOUSE, NORTH MARADY POST, MARADY VILLAGE, MUVATTUPUZHA TALUK. (GC.448/04). 10. O.N.PADMANABHAN NAIR, S/O.RAMAN NAIR, ONAMTHURUTHIL HOUSE, PERUVA POST, MULAKULAM VILLAGE, MUVATTUPUZHA TALUK. (GC 453/04) BY ADV. SRI.P.V.SANTHOSH JOSE SRI.M.G.KARTHIKEYAN SMT.DIVYA B.NAIR WP(C).No. 19368 of 2011(U) -2- RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY-695001. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER ERNAKULAM), CIVIL STATION, KAKKANAD, ERNAKULAM-682030. 3. THE REGIONAL JOINT LABOUR COMMISSIONER OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM-682030. BY STANDING COUNSEL FOR KSEB SHRI K.S.ANIL FOR R1 GOVT.PLEADER SHRI P.M.MANOJ FOR R2 AND R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.19368/11 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER IN RESPECT OF THE PETITIONERS 1 TO 4. EXT.P2: COPY OF ORDER IN RESPECT OF PETITIONERS 5 TO 7. EXT.P3: COPY OF ORDER IN RESPECT OF PETITIONERS 8 TO 10. EXT.P4: COPY OF ORDER PASSED BY THE 1ST RESPONDENT-BOARD. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19368 OF 2011 -------------------------- Dated this the 18th day of July, 2011 J U D G M E N T The petitioners are former employees 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 retirement, relying on the decision of this Court in O.P. No.674 of 2002 the petitioners 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. 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 disbursed, the interest payable to the petitioners in terms of the orders passed by the Controlling Authority has not so far been paid or deposited. In this writ petition, the petitioners seek an order directing the Board to pay the interest portion expeditiously. WPC No.19368/2011 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 24.5.2011 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. 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 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 WPC No.19368/2011 3 amount payable to the petitioners by way of interest calculated in terms of Exts.P1 to P3 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. P.N.RAVINDRAN, (JUDGE) vps