IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 18663 of 2011(G) ----------------------- PETITIONER(S): ----------------------- 1. KUNJURAMAN ACHARY, AGED 71 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT 'SARASREE BHAVAN', CHITTAYAM, INCHAVILA P.O., KOLLAM DISTRICT. 2. S.RAMACHANDRAN NAIR, AGED 65 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT MANOJ BHAVAN, KAREEPRA, KUZHIMATHICADU P.O., KOLLAM DISTRICT. 3. B.UNNIKRISHNA PILLAI, AGED 62 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT MARUTHAMON KIZHAKATHIL, KUNDARA P.O., KOLLAM DISTRICT. 4. P.K.GEORGE, AGED 65 YEARS, SENIOR SUPERINTENDENT (N.C.) (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT GRACE BHAVAN, CHITTACODE, MARANADU P.O., EZHUKONE. 5. A.THOMAS, AGED 62 YEARS, SR.SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SUMA SADANAM, CHURAKADU, CHEMMAKADU P.O., KOLLAM. 6. S.THOMAS, AGED 66 YEARS, SR.SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KUZHIVILAKADU VEEDU, MANGADU P.O., KOLLAM DISTRICT. 7. P.PLACID, AGED 65 YEARS, SR.SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT MANU NIVAS, KODUVILA P.O., KOLLAM DISTRICT. 8. LALITHA DEVARAJAN, AGED 53 YEARS, W/O.LATE N.DEVARAJAN, RESIDING AT AJI VIHAR, NJARACKAL, PERINADU P.O., KOLLAM DISTRICT. ...2/- WP(C).No. 18663 of 2011(G) -2- 9. A.ABRAHAM, AGED 65 YEARS, ELECTRICITY WORKER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SABU BHAVAN, AMBIPOIKA P.O., KUNDARA, KOLLAM DISTRICT. 10. K.NATARAJAN, AGED 67 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT BAIJU SADANAM, PULIYILA, NALLILA P.O., KOLLAM DISTRICT. 11. M.S.SASIDHARAN, AGED 68 YEARS, SENIOR ASSISTANT (H.G.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SASI NIVAS, IRUMPANAGADU P.O., EZHUKONE, KOLLAM DISTRICT. 12. N.SAHADEVAN, AGED 68 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT PRAKASH BHAVAN, NEDUMAPANA P.O., KOLLAM DISTRICT. 13. P.R.RAMAKRISHNA PILLAI, AGED 67 YEARS, ELECTRICITY WORKER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT JAYA BHAVAN, PAZHANGALAM, NALLILA P.O., KOLLAM DISTRICT. 14. N.JANARDHANAN, AGED 66 YEARS, ELECTRICITY WORKER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KOLAPOIKA, PERUMPUZHA P.O., KOLLAM DISTRICT. 15. M.ABDUL KHARIM, AGED 66 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SHEEJA MANZIL, PERUMPUZHA P.O., KOLLAM DISTRICT. 16. K.SARASWATHY, AGED 67 YEARS, SENIOR SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT ARCHANA, KUZHIMATHICADU, KOLLAM DISTRICT. 17. V.MADHAVAN, AGED 67 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT MANJU BHAVAN, PERAYAM, KUMBALAM, KUNDARA, KOLLAM DISTRICT. 18. N.DAMODARAN ACHARY, AGED 70 YEARS, LINE ASSISTANT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT REJI NIVAS, EDACKODE, THRIPPILAZHAKOM P.O., KOLLAM DISTRICT. 19. A.MOHAMMED KUNJU, AGED 70 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT NAZAR MANZIL, VELANKONAM, PERUMPUZHA P.O., KOLLAM DISTRICT. ...3/- WP(C).No. 18663 of 2011(G) -3- 20. P.R.SIVANANDAN NAIR, AGED 69 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SIVA MANDIRAM, PERAYAM, MULAVANA P.O., KOLLAM DISTRICT. 21. K.THANKAPPAN, AGED 68 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SARADA MANDIRAM, PULIYILA, NALLILA P.O., KOLLAM DISTRICT. 22. K.CHANDRAPALAN, AGED 67 YEARS, SENIOR SUPERINTENDENT (N.C.), (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SOUPARNAM, MURUMTHAL, ANCHALAMOODU, KOLLAM DISTRICT. 23. N.KAMALASENAN, AGED 67 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT THARAYIL VEEDU, THEKKEMURI, EAST KALLADA, KOLLAM DISTRICT. 24. P.WILLIAMS, AGED 68 YEARS, ELECTRICITY WORKER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KOCHUTHAIVILAPPU VEEDU, KANJIRACODE, KUNDARA. 25. K.VASUDEVAN PILLAI, AGED 64 YEARS, ASSISTANT ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT VILAMPIL, UPPOODU, EAST KALLADA, KOLLAM DISTRICT. 26. M.JOHN KUTTY, AGED 62 YEARS, ASSISTANT ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KOOROMVILA HOUSE, MULAVANA P.O., KUNDARA, KOLLAM DISTRICT. 27. ALPHONSE PAUL, AGED 64 YEARS, SENIOR SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT USHAS, KOTTAPURAM, MULAVANA P.O., KOLLAM DISTRICT. 28. K.SASIDHARAN ACHARY, AGED 62 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT SOBHITHAM, MUKODU P.O., KUNDARA, KOLLAM DISTRICT. 29. V.RAMAKRISHNA PILLAI, AGED 66 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT KAIPPALLIVILA VEEDU, THATTARKONAM P.O., KOLLAM DISTRICT. ...4/- WP(C).No. 18663 of 2011(G) -4- 30. A.BHASKARAN, AGED 68 YEARS, SUB ENGINEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT RAM NIVAS, KOVILMUKKU, PUNUKKANNOOR, KOLLAM DISTRICT. 31. M.CHANDRASEKHARA PILLAI, AGED 65 YEARS, SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, RESIDING AT THUNDIL KIZHAKKATHIL, AMBIPOIKA P.O., KOLLAM DISTRICT. 32. N.YOHANNAN, AGED 65 YEARS, SENIOR SUPERINTENDENT , KERALA STATE ELECTRICITY BOARD, RESIDING AT KODIYIL VEEDU, KAIRAKODE, KUNDARA P.O., KOLLAM DISTRICT. 33. P.VENUGOPALA PILLAI, AGED 66 YEARS, SUB ENGINEER (RETD.), SENIOR SUPERINTENDENT , KERALA STATE ELECTRICITY BOARD, RESIDING AT NJARACKAL THAZHATHIL, PERAYAM, MULAVANA, KOLLAM DISTRICT. 34. N.BHASKARAN, AGED 67 YEARS, LINE ASSISTANT (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT ASOKA BHAVAN, NENMENI, MANDONTHURUTHU P.O., KOLLAM DISTRICT. 35. A.NOORUDEEN KOYA, AGED 65 YEARS, OVERSEER (RETD.), KERALA STATE ELECTRICITY BOARD, RESIDING AT VILAYIL VEEDU, ELAMPALLOOR, KUNDARA P.O., KOLLAM DISTRICT. 36. THANKAMANI AMMA, AGED 59 YEARS, W/O.VASUDEVAN PILLAI, RESIDING AT THENKOTTU KALLUVILA VEEDU, PERUMPUZHA P.O., KOLLAM DISTRICT. 37. P.NARAYAN PILLAI, AGED 68 YEARS, OVERSEER (RETD.), NADAYIL THEKKATHIL, PANAYAM P.O., PERINADU, KOLLAM DISTRICT. 38. V.KARUNAKARA PILLAI, AGED 67 YEARS, ASST. ENGINEER (RETD.), NARAYANAMANGALAM, EDAVATTOM, VELLIMON P.O., KOLLAM DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY IT'S SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. ...5/- WP(C).No. 18663 of 2011(G) -5- 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, NEAR CIVIL STATION, KOLLAM-691 013. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, DEPARTMENT OF LABOUR, NEAR CIVIL STATION, KOLLAM-691 013. R1 BY ADV. SRI. K.S. ANIL, SC R2 & R3 BY SR. GOVT. PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...6/- WP(C).No. 18663 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF COMMON ORDER DATED 15/01/2008 IN G.C. NOS. 118, 169, 176 - 178, 304, 330, 324, 994, 1002 & 1008 OF 2006 OF 2ND RESPONDENT. EXT.P2 : PHOTOCOPY OF COMMON ORDER DATED 15/01/2008 IN G.C. NOS. 40 TO 43, 46 & 48 OF 2006 OF 2ND RESPONDENT. EXT.P3 : PHOTOCOPY OF COMMON ORDER DATED 15/01/2008 IN G.C. NOS. 906 TO 914 OF 2006 OF 2ND RESPONDENT. EXT.P4 : PHOTOCOPY OF COMMON ORDER DATED 21/01/2008 IN G.C. NOS. 22 TO 41 OF 2005 OF 2ND RESPONDENT. EXT.P5 : PHOTOCOPY OF COMMON ORDER DATED 21/04/2006 IN G.C. NOS. 115 TO 134 OF 2005 OF 2ND RESPONDENT. EXT.P6 : PHOTOCOPY OF COMMON ORDER DATED 21/01/2006 IN G.C. NOS. 42 TO 60 OF 2005 OF 2ND RESPONDENT. EXT.P7 : PHOTOCOPY OF COMMON ORDER DATED 15/01/2008 IN G.C. NOS. 665, 698 & 701 TO 704 OF 2006 OF 2ND RESPONDENT. EXT.P8 : PHOTOCOPY OF COMMON ORDER DATED 12/06/2006 IN G.C. NOS. 135 TO 154 OF 2005 OF 2ND RESPONDENT. EXT.P9 : PHOTOCOPY OF COMMON ORDER DATED 31/07/2008 IN G.C. NOS. 362, 391, 396, 397, 399 TO 406, 409, 411, 413, 414 AND 548 OF 2006 OF 2ND RESPONDENT. EXT.P10 : PHOTOCOPY OF COMMON ORDER DATED 15/01/2008 IN G.C. NOS. 179, 305, 355, 509 & 724 OF 2006 OF 2ND RESPONDENT. EXT.P11 : PHOTOCOPY OF COMMON ORDER DATED 15/01/2008 IN G.C. NOS. 624, 783, 786, 805, 806, 864, 878, 886 & 927 OF 2006 OF 2ND RESPONDENT. EXT.P12 : PHOTOCOPY OF APPLICATION DATED 07/03/2011 SUBMITTED BY 1ST PETITIONER. EXT.P13 PHOTOCOPY OF JUDGMENT DATED 17/06/2011 IN WP(C) NO. 8251 OF 2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.18663 of 2011 ------------------------------- Dated this the 11th 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 their 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. The said orders were confirmed by the appellate authority, which dismissed the appeals filed by the Board. 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 been deposited so far. In this writ petition, the petitioners W.P.(C) No.18663 of 2011 2 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. 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: W.P.(C) No.18663 of 2011 3 (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 and P11 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. nj. Direction No.1 occurring in page 3 of the judgment dated 11.7.2011 in W.P.(C) No.18663/2011 is corrected and substituted as: “(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 P11 orders computed with reference to the respective due dates till the date of deposit of the principal amount, before the Controlling Authority.” Vide order dated 02/08/2011 in I.A.12311/2011. Sd/- Registrar (Judicial)