Kerala High Court
V.Sekharan vs Appellette Authority Under Payment Of
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933
WP(C).No. 17473 of 2009(D)
------------------------
PETITIONER(S):
-----------------------
1. V.SEKHARAN, ASSISTANT ENGINEER (RETD.)
KERALA STATE ELECTRICITY BOARD,
RESIDING AT VIKRANANDAPURAM, TALIPARAMBA,
ANNUR DIST. - 670 141.
2. U.K.NARAYANAN, ASSISTANT ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "BEENALAYAM", KOTTAYAD, KANDAKKAI,
P.O.MAYYIL, PIN-670602.
3. A.KUMARAN, LINE MAN GRADE I, (RETD.)
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "ASHIRVAD", CHALAD,
P.O.EDAYANNUR, KANNUR DISTRICT.
4. K.BHASKARAN, ASSISTANT EXECUTIVE ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "DEEPTHI", KOODALI P.O.,
KANNUR, PIN 670 592.
5. E.K.GANGADHARAN, EXECUTIVE ENGINEER (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "KUNHIRAMAPURAM", P.O.KAYARALAM, MAYYIL,
KANNUR DISTRICT.
6. KRISHNAN NAMBOOTHIRI,
ASSISTANT EXECUTIVE ENGINEER (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT K.V.NAGAR HOUSING COLONY,
P.O.KANNUR UNIVERSITY CAMPUS, KANNUR DISTRICT.
7. K.AHAMMED, ASSISTANT EXECUTIVE ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT AASHIYAM, VELAPURAM P.O., PAPPINISSERY,
KANNUR DISTRICT.
8. P.C.RAVINDRAN, ACCOUNTS OFFICER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT NITHYANAND, NARINGATTU VAYAL,
CHALAD P.O., KANNUR DISTRICT.
...2/-
WP(C).No. 17473 of 2009(D) -2-
9. A.K.BHASKARAN, SENIOR SUPERINTENDENT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "CHAITHRAM", NEAR SIVA SADAN,
PALLIKUNNU P.O., KANNUR -4.
10. K.V.PRABHAKARAN, SUB ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "DIVYAPRABHA",
NR.KUNNAVU MUCHILOT KAVU
P.O.PALLIKUNNU, KANNUR-4.
11. C.P.PADMANABHAN NAMBIAR,
SENIOR ASSISTANT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT KADALEEVANAM, PALAYODE,
P.O.KEEZHALLUR, KANNUR DISTRICT.
12. B.MUHAMMED ISMAIL,
SENIOR ASSSISTANT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT V.T.HOUSE, P.O.ALAVIL, KANNUR-8.
13. N.C.BALAN, OVERSEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT NITTUR CHEKON HOUSE,
NR.KUTTIPURAM VAYANASALA,
P.O.KANUL, KANNUR DISTRICT.
14. P.P.KRISHNAN, SUB ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT RAMSON HOUSE, CHENGALAYI P.O.,
SREEKANDAPURAM.
15. P.GOPINATHAN, ASSISTANT ENGINEER, RETD.,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "SURABHI", NETAJI NAGAR,
TRICHAMBARAM, TALIPARAMBA.
16. M.V.RAVINDRAN, SENIOR SUPERINTENDENT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "VRINDAVAN", PUTHIYAVALAPPIL,
SOUTH BAZAR, KANNUR-2.
17. D.RAGHAVAN, SENIOR SUPERINTENDENT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT 'NIRMALYAM', PALLIKUNNU, P.O.CHIRAKKAL,
KANNUR.
18. V.KUMARAN, OVERSEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT VELUTHERI HOUSE, CHEKKIKUNDU,
P.O.ANCHAMPEEDIKA, KANNUR DISTRICT.
...3/-
WP(C).No. 17473 of 2009(D) -3-
19. T.C.GOVINDAN, DEPUTY CHIEF ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT PALANGAT HOUSE, EZHOME P.O.,
KANNUR 670 334.
20. P.N.BALAKRISHNAN, ASSISTANT ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "USHAS", TAGORE STREET,
NR.KANATHUR TEMPLE,
PALLIKUNNU, KANNUR 670 004.
21. K.BALAN, ASSISTANT ENGINEER (RETD.)
KERALA STATE ELECTRICITY BOARD,
RESIDING AT KURIKKALOT HOUSE, P.O.TALIPARAMBA 670 141,
KANNUR DISTRICT.
22. E.P.PADMANABHAN, ASSISTANT ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT BHUVANAM, PAPPINISSERI, P.O.AROLI,
KANNUR DISTRICT.
23. C.V.K.GANGADHARAN, SUB ENGINEER (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT KIZHUNNA, THARAKANDY HOUSE,
CHIRAKKUTHAZHE, KIZHUNNA P.O., KANNUR DISTRICT.
24. P.CHANDRAN,
ASSISTANT EXECUTIVE ENGINEER, (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT AMBILI HOUSE, BAKKALAM, KANUL P.O.,
KANNUR 670 564.
25. A.JANARDHANAN, SENIOR ASSISTANT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT VALAPPILEKANDY HOUSE, ASARIKAMPANY,
P.O.CHIRAKKAL, KANNUR DISTRICT.
26. P.VALSARAJAN, SUB ENGINEER (RETD).,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT PANAMGAVIL HOUSE, P.O.MUNDAYAD,
KANNUR DISTRICT.
27. K.KUNHIKANNAN,
ASSISTANT EXECUTIVE ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT CHITRA, EACHUR, P.O.EACHUR,
KANNUR DISTRICT.
28. P.BHASKARAN,
ASSISTANT EXECUTIVE ENGINEER (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT PANDARAN HOUSE, P.O.ANCHANPEEDIKA,
KANNUR DISTRICT.
...4/-
WP(C).No. 17473 of 2009(D) -4-
29. T.K.SUKUMARAN, OVERSEER (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT 'KRISHNALAYAM', CHALATTAMBALAM,
P.O.CHALAD, KANNUR DISTRICT.
30. P.RAGHAVAN, SENIOR SUPERINTENDENT (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT PRIYA SADANAM, P.O.MOWANCHERI,
KANNUR 670 613.
31. C.ANTONY, SENIOR ASSISTANT (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT 'USHAS', PUNCHAKKAD, PAYANNUR,
KANNUR-670307.
32. A.DIVAKARAN, OFFICE ATTENDENT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT PONMUDIYAN HOUSE, P.O.ALAVI,
KANNUR-670 008.
33. O.C.PRAMEELA, SENIOR SUPERINTENDENT (RETD.),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT 'ANJALI', TALAP, KANNUR.
34. P.KARUNAKARAN, OVER SEER (RETD),
KERALA STATE ELECTRICITY BOARD,
RESIDING AT PARVATHI NIVAS, OPP.RAILWAY STATION,
P.O.PAPPINISSERI, KANNUR DISTRICT.
BY ADVS. SRI.P.M.PAREETH
SRI.MOHAMMED SHAMEEL
RESPONDENT(S):
-------------------------
1. APPELLETTE AUTHORITY UNDER PAYMENT OF
GRATUITY ACT & REGIONAL JOINT LABOUR COMMISSIONER,
KOZHIKODE.
2. CONTROLLING AUTHORITY UNDER THE PAYMENT
OF GRATUITY ACT & DISTRICT LABOUR OFFICER, KANNUR.
3. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM.
R1 & R2 BY GOVT. PLEADER SRI. P.M. MANOJ
R3 BY ADV. SRI. K.S. ANIL, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...5/-
WP(C).No. 17473 of 2009(D)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 1ST PETITIONER IN GC NO. 66/04.
EXT.P1(a) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 2ND PETITIONER IN GC NO. 78/04.
EXT.P1(b) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 3RD PETITIONER IN GC NO. 82/04.
EXT.P1(c) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 4TH PETITIONER IN GC NO. 81/04.
EXT.P1(d) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 5TH PETITIONER IN GC NO. 76/04.
EXT.P1(e) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 6TH PETITIONER IN GC NO. 86/04.
EXT.P1(f) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 7TH PETITIONER IN GC NO. 58/04.
EXT.P1(g) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 8TH PETITIONER IN GC NO. 56/04.
EXT.P1(h) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 9TH PETITIONER IN GC NO. 84/04.
EXT.P1(i) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 10TH PETITIONER IN GC NO. 94/04.
EXT.P1(j) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 11TH PETITIONER IN GC NO. 57/04.
EXT.P1(k): : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 12TH PETITIONER IN GC NO. 96/04.
EXT.P1(l) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 13TH PETITIONER IN GC NO. 92/04.
EXT.P1(m) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 14TH PETITIONER IN GC NO. 64/04.
(Contd...)
WP(C).No. 17473 of 2009(D)
EXT.P1(n) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 15TH PETITIONER IN GC NO. 55/04.
EXT.P1(o) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 16TH PETITIONER IN GC NO. 74/04.
EXT.P1(p) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 17TH PETITIONER IN GC NO. 89/04.
EXT.P1(q) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 18TH PETITIONER IN GC NO. 98/04.
EXT.P1(r) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 19TH PETITIONER IN GC NO. 70/04.
EXT.P1(s) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 20TH PETITIONER IN GC NO. 62/04.
EXT.P1(t) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 21ST PETITIONER IN GC NO. 95/04.
EXT.P1(u) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 22ND PETITIONER IN GC NO. 79/04.
EXT.P1(v) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 23RD PETITIONER IN GC NO. 69/04.
EXT.P1(w) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 24TH PETITIONER IN GC NO. 61/04.
EXT.P1(x) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 25TH PETITIONER IN GC NO. 75/04.
EXT.P1(y) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 26TH PETITIONER IN GC NO. 97/04.
EXT.P1(z) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 27TH PETITIONER IN GC NO. 72/04.
EXT.P1(a1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 28TH PETITIONER IN GC NO. 71/04.
EXT.P1(b1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 29TH PETITIONER IN GC NO. 68/04.
(Contd...)
WP(C).No. 17473 of 2009(D)
EXT.P1(c1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 30TH PETITIONER IN GC NO. 77/04.
EXT.P1(d1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 31ST PETITIONER IN GC NO. 83/04.
EXT.P1(e1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 32ND PETITIONER IN GC NO. 90/04.
EXT.P1(f1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 33RD PETITIONER IN GC NO. 87/04.
EXT.P1(g1) : PHOTOCOPY OF THE ORDER DATED 15.10.05 ISSUED BY THE 2ND
RESPONDENT IN RESPECT OF THE 34TH PETITIONER IN GC NO. 93/04.
EXT.P2. : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 1ST PETITIONER IN GAC NO. 597/06.
EXT.P2(a) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 2ND PETITIONER IN GAC NO. 609/06.
EXT.P2(b) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 3RD PETITIONER IN GAC NO. 613/06.
EXT.P2(c) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 4TH PETITIONER IN GAC NO.612/06.
EXT.P2(d) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 5TH PETITIONER IN GAC NO. 607/06.
EXT.P2(e) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 6TH PETITIONER IN GAC NO. 617/06.
EXT.P2(f) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 7TH PETITIONER IN GAC NO. 590/06.
EXT.P2(g) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 8TH PETITIONER IN GAC NO. 588/06.
EXT.P2(h) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 9TH PETITIONER IN GAC NO. 615/06.
EXT.P2(i) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 10TH PETITIONER IN GAC NO. 625/06.
(Contd...)
WP(C).No. 17473 of 2009(D)
EXT.P2(j) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 11TH PETITIONER IN GAC NO. 589/06.
EXT.P2(k) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 12TH PETITIONER IN GAC NO. 627/06.
EXT.P2(l) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 13TH PETITIONER IN GAC NO. 623/06.
EXT.P2(m) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 14TH PETITIONER IN GAC NO. 595/06.
EXT.P2(n) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 15TH PETITIONER IN GAC NO. 587/06.
EXT.P2(o) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 16TH PETITIONER IN GAC NO. 605/06.
EXT.P2(p) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 17TH PETITIONER IN GAC NO. 620/06.
EXT.P2(q) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 18TH PETITIONER IN GAC NO. 629/06.
EXT.P2(r) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 19TH PETITIONER IN GAC NO. 601/06.
EXT.P2(s) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 20TH PETITIONER IN GAC NO. 593/06.
EXT.P2(t) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 21ST PETITIONER IN GAC NO. 626/06.
EXT.P2(u) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 22ND PETITIONER IN GAC NO. 610/06.
EXT.P2(v) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 23RD PETITIONER IN GAC NO. 600/06.
EXT.P2(w) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 24TH PETITIONER IN GAC NO. 592/06.
EXT.P2(x) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 25TH PETITIONER IN GAC NO. 606/06.
(Contd...)
WP(C).No. 17473 of 2009(D)
EXT.P2(y) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 26TH PETITIONER IN GAC NO. 628/06.
EXT.P2(z) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 27TH PETITIONER IN GAC NO. 603/06.
EXT.P2(a1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 28TH PETITIONER IN GAC NO. 602/06.
EXT.P2(b1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 29TH PETITIONER IN GAC NO. 599/06.
EXT.P2(c1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 30TH PETITIONER IN GAC NO. 608/06.
EXT.P2(d1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 31ST PETITIONER IN GAC NO. 614/06.
EXT.P2(e1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 32ND PETITIONER IN GAC NO. 621/06.
EXT.P2(f1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 33RD PETITIONER IN GAC NO. 618/06.
EXT.P2(g1) : PHOTOCOPY OF THE ORDER DATED 22.12.06 ISSUED BY THE 1ST
RESPONDENT IN RESPECT OF THE 34TH PETITIONER IN GAC NO. 624/06.
RESPONDENT'S EXHIBITS - NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
P.N.RAVINDRAN, J.
---------------------------
W.P.(C) No. 17473 OF 2009
--------------------------
Dated this the 8th day of August, 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 Board resisted the applications contending inter alia that the judgment of this Court in O.P. No.674 of 2002 has not become final and is pending in appeal. By Exts.P1 and P2 series of orders, the Controlling Authority overruled the objection raised by the Board and held that the petitioners are entitled to gratuity in terms of the Act and directed the Board to pay the difference in the amount of gratuity with interest. Though the Board filed appeals, the appeals were dismissed. This writ petition is filed contending that though WPC No.17473/2009 2 Exts.P1 and P2 series of orders have attained finality, till date, the Board has not deposited for payment to the petitioners the principal amount of gratuity and the interest thereon. Pursuant to the interim order passed by this Court, the principal amount of gratuity already deposited by the Board for the purpose of filing appeals from Exts.P1 and P2 series of orders were released to the petitioners and what remains to be paid is only the interest portion computed in terms of the orders passed by the Controlling Authority.
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 and that the liability 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. In such circumstances, I dispose of the WPC No.17473/2009 3 writ petition with the following directions:
(i) The Board shall within six months from the date of receipt of a certified copy of this judgment deposit before the Controlling Authority the amount payable to the petitioners by way of interest calculated in terms of Exts.P1 & P2 series of 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.
(iii) It is clarified that the petitioners will not be entitled to interest after the date of deposit of the principal amount of gratuity, which has already been withdrawn by them.
P.N.RAVINDRAN, (JUDGE) vps