IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20694 of 2011(J) -------------------------- PETITIONER ----------------- RAMANI.S, PLAMUTTATH HOUSE, SOUTH MANKUZHY, PULLIKANAKKU, BHARANIKKAVU, ALAPPUZHA. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): ------------------------ 1. KERALA STATE ELECRICITY 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) PIN 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 PIN 695 001 R1 BY ADV. SRI.K.S.ANIL R2 TO 4 BY SENIOR GOVERNMENT PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20694 of 2011(J) ------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE RDER DATED 26.04.2011 EXT.P2 COPY OF THE BOARD ORDER DATD 24.05.2011. REPONDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20694 of 2011 ------------------------------- Dated this the 29th day of July, 2011 J U D G M E N T The petitioner is the former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement, she was paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after her retirement, relying on the decision of this Court in O.P. No.674 of 2002, petitioner filed 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 order passed on 26.4.2011, the Controlling Authority allowed the application 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 Ext.P1 order has become final, till date the amount of gratuity directed to be paid by the Controlling Authority and the interest thereon have not been deposited. In this writ petition, the petitioner seeks an order directing the Board to deposit the same within a time limit to be fixed by this Court. 2. Sri.K.S.Anil, the learned standing counsel appearing W.P.(C) No.20694 of 2011 2 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 amount covered by Ext.P1 order expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment the Board may be granted at least three months time from today to deposit the principal amount and six months' time from the date of deposit of the principal amount to deposit the interest portion. 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 three months' time from the date of the judgment to deposit the principal amount of gratuity and six months' time from the date of deposit of the principal amount 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. W.P.(C) No.20694 of 2011 3 3. I accordingly dispose of the writ petition with the following directions: (i) The Board shall within three months from today deposit the principal amount payable to the petitioner in terms of Ext.P1 order and shall within six months from the date of deposit of the principal amount deposit the interest portion computed with reference to the respective due date till the date of deposit of the principal amount, before the Controlling Authority. (ii) Upon such deposits being made, it will be open to the petitioner to unconditionally withdraw the amounts deposited. P.N. RAVINDRAN, JUDGE. nj.