IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 18461 of 2008(W) -------------------------- PETITIONER: ------------ P.VISWANATHAN, AGED 60, S/O.V.PERUMAL , HOUSE NO. 1/1658 AYILYAM ,EAR KOKERS, KOCHI-1. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ------------- 1. THE DISTRICT LABOUR OFFICER ERNAKULAM (CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972) 2. THE REGIONAL JOINT LABOUR COMMISSIONER ERNAKULAM (APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972) 3. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDHUDHI BHAVAN PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 18461 OF 2008 ==================== Dated this the 17th day of July, 2008. J U D G M E N T The petitioner is a retired employee of the 3rd respondent- Kerala State Electricity Board. Since gratuity was not paid as per the Payment of Gratuity Act, the petitioner filed a gratuity claim before the 1st respondent which was allowed by Ext.P1, directing payment of an amount of Rs.3,50,000/- as gratuity due to the petitioner with interest at the rate of 10% from 1.7.2003. The appeal filed by the Electricity Board against that order before the Appellate Authority was also rejected by Ext.P2 order. The petitioner's grievance now is that although the Board has deposited the principal sum of the gratuity, they are yet to pay the interest payable on the same. 2. I have heard the counsel for the petitioner as well as the standing counsel for the Board. 3. Since interest is statutory, the 3rd respondent has no escape from paying the same. In the above circumstances, I direct the 3rd respondent to deposit the interest portion of the W.P.(C).No. 18461 OF 2008 2 amount also, within two months from the date of receipt of a copy of this judgment. This is without prejudice to the right of the Board to challenge the orders under the Payment of Gratuity Act, in which event the payment would be subject to the result of such proceedings. The writ petition is disposed of as above. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 3rd respondent for compliance. S.SIRI JAGAN, JUDGE bkn/-