IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17652 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------ 1. PURUSHOTHAMAN, AGED 60 YEARS, S/O.N.RAMAN ACHARI, TEACHERS QUARTERS PALAYAPAMABA, MANJERI, NOW RESIDING AT CHANJAPULAKKAL HOUSE, VALANCHUZHI P.O., PATAHNAMTHITTA, PIN-689645 (CASHIER RTD.) 2. P.K.AMMINIKUTTY, AGED 65 YEARS, W/O.M.C.VASU, MADHAVI NILAYAM, FEROKE, KOZHIKODE, NOW RESIDING AT "GREESHMA", PUTHUKODE P.O., RAMANATTUKARA. BY ADVS. SRI.P.SAMSUDIN, SRI.P.BABU KARTHIKEYAN. RESPONDENT(S): --------------------------- 1. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (THE REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE)-673 020. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (THE DISTRICT LABOUR OFFICER, MALAPPURAM)-679 505. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. R1 & R2 BY GOVERNMENT PLEADER SRI. S.ABDUL SALAM R3 BY ADV. SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17652/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 28/02/2007 IN G.C.37/06. P2: COPY OF THE ORDER DTD. 28/12/2005 IN G.C.89/05. P3: COPY OF THE ORDER DTD. 30/07/2010 IN GAC.105/09. P4: COPY OF THE ORDER DTD. 16/07/2010 IN GAC. 652/06. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.17652 of 2011 ----------------------------------------- Dated this the 30th June, 2011 JUDGMENT The petitioners are former employees of the Kerala State Electricity Board (hereinafter referred to as “the Board” for short). On their retirement from service 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 which was affirmed by a Division Bench of this Court in W.A.No.1062 of 2003, they filed separate applications before the Controlling Authority under the Payment of Gratuity Act, 1972. By Exts.P1 and P2 orders dated 28.2.2007 the Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity together with interest at 10% per annum from the respective due dates. This writ petition is filed contending that though the balance amount of gratuity covered by Exts.P1 and P2 orders has been deposited by the Board, till date it has not been released and the interest payable to the petitioners has not W.P(C).No.17652 of 2011 -:2:- been deposited. In this writ petition the petitioners seek a direction to the first respondent to release the amount of gratuity deposited by the Board pursuant to Exts.P1 and P2 orders passed by the Controlling Authority and a direction to the Board to deposit the interest portion expeditiously. 2. When the writ petition came up for hearing today, Sri.K.S.Anil, learned standing counsel appearing for the Board submitted that the Board has issued order B.O(FB)No.1313/2011 (PS1/Gratuity/TVPM/2006) dated 24.5.2011 whereby the Board has decided to adopt and implement the provisions of the Payment of Gratuity Act, 1972 in respect of its employees and that the Board will therefore, take steps deposit the interest portion payable to the petitioners at the earliest. The learned standing counsel submitted that having regard to the heavy financial commitment the Board may be granted at least six months' time to deposit the interest portion calculated from the respective due dates till the date of deposit of the principal amount. The learned counsel appearing for the petitioners did not oppose the said request. In such circumstances I dispose of the writ petition with the following directions:- W.P(C).No.17652 of 2011 -:3:- a) The Board shall deposit the interest portion, which the petitioners are entitled to, computed from the respective due dates till the date of deposit of the principal amount within six months from the date on which the petitioners produce a copy of this judgment before the Secretary of the Board. Upon such deposit being made the petitioners will be free to withdraw the same unconditionally. The petitioners will also be free to unconditionally withdraw the principal amount already deposited by the Board before the Controlling Authority/Appellate Authority under the Payment of Gratuity Act, 1972. b) It is clarified that the petitioners will not be entitled to interest for the period after the deposit of the principal amount. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.17652 of 2011 ---------------------------- JUDGMENT 30th June, 2011