IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16497 of 2011(J) -------------------------- PETITIONER(S): --------------- ROSSY ANTONY, W/O.LATE M.V.ANTONY, AGED 58 YEARS, RESIDING AT C.C.29/1947, MUTTAMTHOTTIL HOUSE, ST.ANTONY'S LINK ROAD, THYKOODAM, KOCHI-682 019. BY ADV. SRI.P.M.MOHAMMED SHIRAZ 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, CIVIL STATION, KAKKANAD P.O., ERNAKULAM-682 030. 3. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANAD P.O., ERNAKULAM-682 030. BY SRI.K.S.ANIL, SC KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.16497/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF RELATIONSHIP CERTIFICATE DATED 25.4.2008 EXT.P2. TRUE PHOTOCOPY OF POWER OF ATTORNEY DATED 15.1.2011 EXT.P3. TRUE PHOTOCOPY OF COMMON ORDER DATED 3.8.2010 IN G.C.Nos.394/2005 OF THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.16497 of 2011 ----------------------------------------- Dated this the 21st June, 2011 JUDGMENT The petitioner is the widow of a former employee of the Kerala State Electricity Board, who retired from service on 31.1.1999. Upon retirement he was paid terminal benefits including gratuity computed in terms of Part III of the Kerala Service Rules. The petitioner's husband passed away on 22.3.2008. He had during his lifetime filed a petition before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking payment of gratuity on the ground that in view of the judgment of this Court in O.P.No.674 of 2002 which was affirmed by the Division Bench in W.A.No.1062 of 2003 all employees of the Kerala State Electricity Board, (the Board for short) are entitled to gratuity under the Payment of Gratuity Act, 1972 notwithstanding the payment of gratuity in terms of the Kerala Service Rules. By Ext.P3 order passed on 3.8.2010 after notice to and hearing the Board and its officers the Controlling Authority directed payment of the sum of Rs.30,533/- by way of gratuity W.P(C).No.16497 of 2011 -:2:- after giving credit to the payment made under the Kerala Service Rules. The Controlling Authority also directed that if payment is not made within 30 days from the date of receipt of the order, it will be recovered with 10% interest from the date of the order as per the provisions contained in the Payment of Gratuity Act, 1972. The petitioner has, in so far as Ext.P3 denies payment of statutory interest from the due date, filed an appeal before the Appellate Authority and the said appeal is pending. This writ petition is filed contending that though, as regards the Board, the award has attained finality, till date the principal amount of gratuity and interest awarded by the Controlling Authority have not been paid. 2. When the writ petition came up for hearing today Sri.K.S.Anil, learned standing counsel for the Board submitted that in view of the decision taken by the Board to adopt and apply the provisions of the Payment of Gratuity Act, 1972 to the employees of the Board, the Board will deposit the amount of gratuity covered by Ext.P3 order in so far as it relates to the petitioner along with interest as directed by the Controlling Authority within three months from today. In the light of the said submission I dispose of the writ petition with a direction to the first respondent to deposit the W.P(C).No.16497 of 2011 -:3:- amount covered by Ext.P3 order together with interest thereon in terms of the said order with the Controlling Authority under the Payment of Gratuity Act, 1972 within three months from today. Upon such deposit being made, it will be open to the petitioner to withdraw the amount deposited unconditionally. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.16497 of 2011 ---------------------------- JUDGMENT 21st June, 2011