IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 31245 of 2011(E) ---------------------------------- PETITIONER(S): ------------------- 1. K.A.ABDUL KHADAR, S/O.UMMER KUNJU, KOLATH HOUSE, PUNNAPRA POST, PUNNAPRA VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT (GC.352/04) 2. S.C.PARAMESWARAN NAIR, NANDANAM HOUSE, PARAVOOR, PUNNAPRA NORTH POST, PUNNAPRA VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT, (GC.183/05) 3. H.SIVASUBRAHMANYA IYYER,S/O.S.HARIHARA IYER, B 1124, SATELLITE COLONY,PADAMUGHAL, KAKKANAD POST, VAZHAKKALA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, KOCHI - 30.(GC.133/06). BY ADVS. SRI.P.V.SANTHOSH JOSE SRI.M.G.KARTHIKEYAN SMT.DIVYA B.NAIR RESPONDENT(S): --------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 695 001. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT. (DISTRICT LABOUR OFFICER, ERNAKULAM) CIVIL STATION, KAKKANAD, ERNAKULAM. 682 030. 3. THE REGIONAL JOINT LABOUR COMMISSIONER OFFICE OF THE DISTRICT LABOUR OFFICER CIVIL STATION, KAKKANAD, ERNAKULAM. 682 030. R1 BY ADV. SRI. K.S.ANIL, SC., K.S.E.B. R2 & R3 BY BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31245/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER IN RESPECT OF THE 1ST PETITIONER. P2: COPY OF THE ORDER IN RESPECT OF THE 2ND PETITIONER. P3: COPY OF THE ORDER IN RESPECT OF THE 3RD PETITIONER. P4: COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC. NO.14509/2011 P5: COPY OF THE ORDER DATED 24.05.2011 PASSED BY IST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31245 OF 2011 -------------------------- Dated this the 12th day of December, 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. By Exts.P1 to P3 orders, the Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity with interest at the applicable rate from the respective due dates. This writ petition is filed contending that though the said order has attained finality, the amount directed to be paid by the Controlling Authority has not so far been deposited. In this writ petition, the petitioners seek an order directing the Board to forthwith deposit the amounts payable in terms of Exts.P1 to P3 orders and to permit them to withdraw the amounts thus deposited. WPC No.31245/2011 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 amounts payable 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 and that the liability of the Board to pay interest may be limited till the date of deposit of the principal amount. 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 three months' time from the date of the judgment to deposit the principal amount and six months time thereafter 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 WPC No.31245/2011 3 respective due date 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 three months from today deposit before the Controlling Authority the principal amount payable to the petitioners in terms of Exts.P1 to P3 orders. The Board shall within six months from the date of deposit of the principal amount, deposit the amount payable by way of interest from the respective due date till the date of deposit of the principal amount. (ii) Upon such deposits being made, it will be open to the petitioners to unconditionally withdraw the amounts deposited. P.N. RAVINDRAN, JUDGE. vps WPC No.31245/2011 4