IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27712 of 2011(L) -------------------------- PETITIONER(S): --------------- 1. K.A.PADMANABHA PILLAI,AGED 66 YEARS, ASST.ACCOUNTS OFFICER (RETD), KERALA STATE ELECTRICITY BOARD,RESIDING AT KIZHAKKAYIL,KOLAPARA,KUDAYATHOOR P.O,THODUPUZHA. 2. V.THYAGARAJA KURUP,AGED 66 YEARS, SUB ENGINEER (RETD), KERALA STATE ELECTRICITY BOARD,RESIDING AT KALARIKKAL HOUSE, MEKKAD P.O, ANGAMALY. 3. K.S.UDAYABHANU,AGED 66 YEARS, SUB ENGINEER (RETD), KERALA STATE ELECTRICITY BOARD,RESIDING AT KANAKALAYAM HOUSE, KUDAYATHOOR P.O,THODUPUZHA. 4. K.N.BALACHANDRAN PILLAI,AGED 69 YEARS, ASSISTANT EXECUTIVE ENGINEER (RETD), KERALA STATE ELECTRICITY BOARD,RESIDING AT KALLUMACKAL HOUSE,KOAPRA,KUDAYATHOOR P.O, THODUPUZHA. 5. THRIVIKRAMAN PILLAI,AGED 64 YEARS, EXECUTIVE ENGINEER (RETD), KERALA STATE ELECTRICITY BOARD,RESIDING AT THOTTAKATTU HOUSE, VADAKKUMURI, THODUPUZHA EAST P.O, THODUPUZHA. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004. 2. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER, THODUPUZHA. .....contd) WP(C).No. 27712 of 2011(L) 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER DEPARTMENT OF LABOUR, CIVIL STATION, KAKKANAD P.O, 682 030. BY GOVT. PLEADER SRI. G. GOPAKUMAR. SRI. K.S. ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27712 of 2011(L) APPENDIX: PETITIONERS' EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF ORDER DATED 30.03.2006 IN G.C. No.156 OF 2004 OF 2ND RESPONDENT. EXT.P2: TRUE PHOTOCOPY OF ORDER DATED 30.03.2006 IN G.C.Nos.153 OF 2004 OF 2ND RESPONDENT. EXT.P3: TRUE PHOTOCOPY OF ORDER DATED 30.03.2006 IN G.C. Nos.140 OF 2004 OF 2ND RESPONDENT. EXT.P4: TRUE PHOTOCOPY OF ORDER DATED 30.03.2006 IN G.C. Nos.154 OF 2004 OF 2ND RESPONDENT. EXT.P5: TRUE PHOTOCOPY OF ORDER DATED 30.03.2006 IN G.C. Nos.155 OF 2004 OF 2ND RESPONDENT. EXT.P6: TRUE PHOTOCOPY OF APPLICATION DATED 29.09.2011 SUBMITTED BY 1ST PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27712 OF 2011 -------------------------- Dated this the 19th day of October, 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 have attained finality. 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 WPC No.27712/2011 2 deposited so far. 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 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 WPC No.27712/2011 3 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: (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 Exts.P1 to P5 orders 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. P.N.RAVINDRAN, (JUDGE) vps