IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP (C).No. 20469 of 2011(G) -------------------------- PETITIONER ------------------ 1. K.RAMACHANDRAN, KALEEKKAL KIZHAKKATHIL, EDAKULANGARA P.O., KARUNAGAPPALLY. 2. S.MEERA, W/O. (LATE) AYYAPPAN PILLAI, KEERTHI, ERAVICHIRA EAST, SOORANAD P.O., KOLLAM. 3. K.CHELLAPPAN, SINDHU BHAVAN, KAPPILMEKKU, KRISHNAPURAM P.O., KARUNAGAPPALLY. 4. K.S.CHANDRAN PILLAI, VANMELIL THEKKUMURI, VALLIKKUNNAM P.O., MAVELIKKARA. BY ADV. SRI.K.K.RAJEEV RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 004. 2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND DISTRICT LABOUR OFFICER, KOLLAM-691 001. 3. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM-691 001. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.K.S.ANIL, SC, KSEB R4 BY GOVERNMENT PLEADER SRI.P.M.MANJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP (C).No. 20469 of 2011(G) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE ORDER DT. 15.01.208 EXT.P2. COPY OF THE ORDER DT. 17.11.2009 F THE 3RD RESPONDENT. EXT.P3. COPY OF THE CALCULATION STATEMENT SHOWING THE AMOUNT OF ADMISSIBLE INTEREST@ 10% DIRECTED IN EXT.P1. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20469 of 2011 ------------------------------- Dated this the 27th 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. By Ext.P1 order passed on 21.6.2006, 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 appeal filed by the Board from Ext.P1 was dismissed by Ext.P2 order dated 17.11.2009. 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 later disbursed on 24.11.2010, the interest payable to the petitioners in terms of the W.P.(C) No.20469/2011 2 order passed by the Controlling Authority has not so far been deposited. In this writ petition, the petitioners 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 involved, 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 W.P.(C) No.20469/2011 3 accordingly dispose of the writ petition with the following directions: (i) The Board shall within six months from today deposit before the Controlling Authority the amount payable to the petitioners by way of interest calculated in terms of Ext.P1 order, computed with reference to the respective due dates till the date of deposit of the principal amount. (ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited. (iii) If the petitioners have withdrawn the principal amount of gratuity after executing bonds, such withdrawal will be treated as unconditional. P.N. RAVINDRAN, JUDGE. nj.