Kerala High Court
P.Ponnappan vs Kerala State Electricity Board on 30 November, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 31ST DAY OF JULY 2012/9TH SRAVANA 1934
WP(C).No. 17934 of 2012 (N)
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PETITIONERS:
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1. P.PONNAPPAN, AGED 66 YEARS
FOREMAN (H.G) (RETD)
KERALA STATEELECTRICITY BOARD
RESIDING AT VAZHAVILAYIL, VENMONY ERAM P.O.
ALAPPUZHA DISTRICT
2. C.SASIKUMAR, AGED 63 YEARS,
SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD, RESIDING AT 'ARYA'
MANKAMKUZHY P.O., MAVELIKKARA.
3. K.SIVAN, AGED 66 YEAS
DRIVER, (RETD) KERALA STATE ELECTRICITY BOARD
RESIDING AT LALITHA SADANAM, VALIYAKULANGARA
MAVELIKKARA.
4. K.CHANDRAN, AGED 66 YEARS,
SUB ENGINEER (RETD)
KERALA STATEELECTRICITY BOARD
RESIDING AT KALEECKAL VAISHAKHAM,KODUKULANJI
CHENGANNUR.
5. K.R.SREEDHARAN, AGED 66 YEARS,
SUB ENGINEER (RETD)
KERALA STATE ELECRICITY BOARD
RESIDING AT KANJIKONATHU VEEDU,KUNNAM P.O.
MAVELIKKARA.
6. T.MATHEW, AGED 65 YEARS,
SUB ENGINEER (RETD)
KERALA STATEELECTRICITY BOARD
RESIDING AT KANJIRATHUMOOTTIL,KUNNAM P.O.
MAVELIKKARA.
WP(C).No. 17934 of 2012 (N)
7. V.T.MEERAKANNI
AGED 72 YEARS, ASSISTANT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT VELUTHEDATHUKIZHAKKETHIL
KODUKULANJI KARODU, KOZHUVALLOOR P.O.CHENGANNUR.
8. B.X.PHILOMINA
AGED 67 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT THAKIDIYIL HOUSE, KODUKULANJI P.O.
CHENGANNUR.
9. SAILAJA GOPAL
AGED 62 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT 'PRASANTHI',KALLIMEL P.O., MAVELIKKARA.
10. NARAYANA SWAMY
AGED 66 YEARS
LINEMAN (RETD) KERALA STATE ELECTRICITY BOARD
RESIDING AT CHARIVUPARAYIL,VETTIYAR P.O.
MANKAMKUZHY, MAVELIKKARA.
11. M.KAMALAMMA
AGED 66 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT 'AJANTHA',ERAVANKARA P.O., MAVELIKKARA.
12. MERCY MATHEW, AGED 64 YEARS
SENIOR SUPERINTENDENT (RETD) KERALA STATE ELECTRICITY BOARD
RESIDING AT MANALEL HOUSE,KOZHUVALLOOR P.O.
CHENGANNUR.
13. K.G.KURUVILA
AGED 62 YEARS, ASSISTANT ENGINEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT KUMARETHU HOUSE, ERAMATHOOR P.O.
MANNAR.
14. P.T.PAULOSE
AGED 63 YEARS, DRIVER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT PADIPURAKKAL HOUSE,BUDHANNOOR P.O.
CHENGANNUR.
15. P.D.SAMUEL
AGED 62 YEARS, SUB ENGINEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT PERUMPRATHU HOUSE,MANTHUKA P.O.
KULANADA, PANDALAM.
WP(C).No. 17934 of 2012 (N)
16. GEORGE THOMAS
AGED 67 YEARS, ASSISTANT ENGINEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT THATTARUZHATHILHOUSE, KALLISSERY P.O.
CHENGANNUR.
17. K.G.RAJASEKHARAN NAIR
AGED 64 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT MURIKKOLLIL HOUSE, KIZHAKKE KARA
CHENGANNUR.
18. P.V.VARGHESE
AGED 63 YEARS, OVERSEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT PYNUMOOTTIL HOUSE,PIRALASSERY
CHENGANNUR.
19. M.C.UNNITHAN
AGED 63 YEARS, KERALA STATE ELECTRICITY BOARD
RESIDING AT MUTTANISSERIL, MAZHUKEER, KALLISSERY.
20. C.HYMAVATHY AMMA
AGED 59 YEARS, W/O.LATE SRI.V.NARAYANA PILLAI
KAIMALETHU HOUSE, KUTTAMPEROOR P.O., MANNAR.
21. M.G.DANIEL
AGED 66 YEARS, OVERSEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT KALLAMPARAMBIL,MULAKUZHA P.O.
CHENGANNUR.
22. P.I.OOMMEN
AGED 64 YEARS, OVERSEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT PERUMKUZHIYIL THEKKETHIL
KODUKULANJI P.O., CHENGANNUR.
23. C.G.MATHAI
AGED 66 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALASTATE ELECTRICITY BOARD
RESIDING AT CHERIYAPUNNAMADATHU HOUSE, OTHERA P.O.
THIRUVALLA.
24. T.P.BALAKRISHNAN NAIR
AGED 67 YEARS, SENIOR ASSISTANT (RETD)
KERALA STATEELECTRICITY BOARD
RESIDING AT VINOD BHAVAN, VNAVATHUKKARA P.O.
TIRUVALLA.
WP(C).No. 17934 of 2012 (N)
25. A.GOPALAN
AGED 64 YEAS, LINEMAN (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT KALLANTHUNDATHIL,VAZHUVADI
THAZHAKKARA P.O., MAVELIKKARA.
26. T.A.ABDUL KALAM
AGED 67 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT THYPARAMBIL HOUSE, NIRANOM P.O.
THIRUVALLA.
27. V.VEERAKUMARA PILLAI
AGED 69 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT VISHNU NIVAS,STORE JUNCTION
MANNAR P.O.
28. V.M.RAVEENDRAN
AGED 70 YEARS, OVERSEER (RETD)
KERALA STATE ELECTRICITY BOARD
RESIDING AT VANJIKKAPUZHA HOUSE,EAST OTHERA P.O.
TIRUVALLA.
29. H.SHIHABUDEEN RAWTHER
AGED 64 YEARS, SENIOR SUPERINTENDENT (RETD)
KERALASTATE ELECTRICITY BOARD
RESIDING AT KOPPARAYIL HOUSE, CHUNAKKARA SOUTH
CHARUMOODU P.O., ALAPPUZHADISTRICT.
30. A.G.RAJU PILLAI
AGED 64 YEARS, SUB ENGINER (RETD)
KERALA STATEELECTRICITY BOARD
RESIDING AT SREE NILAYAM, OTHERA P.O., THIRUVALLA.
31. JOLLY ABRAHAM
AGED 63 YEARS
ASSISTANT ENGINEER (RETD) KERALA STATE ELECTRICITY BOARD
RESIDING AT 'HOLY NEST',PANDANAD P.O., CHENGANNUR.
BY ADV. SRI.P.M.MOHAMMED SHIRAZ
RESPONDENTS:
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1. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN
PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
2. THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN
PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
WP(C).No. 17934 of 2012 (N)
3. THE CONTROLLING AUTHORITY UNDER
PAYMENT OF GRATUITY ACT
AND DISTRICT LABOUR OFFICER, ALAPPUZHA.
BY SRI.K.S.ANIL, SC, KSEB
BY GOVERNMENT PLEADER, SRI. G.GOPAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-07-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 17934 of 2012 (N)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P-1 TRUE PHOTOCOPY OF COMMON ORDER DATED 30/11/2006 IN G.C.
NOS.187 OF 2005 AND CONNECTED CASES OF 3RD RESPONDENT.
EXT.P-2 TRUE PHOTOCOPY OF APPLICATION DATED 12/07/2012 SUBMITTED
BY 1ST PETITIONER.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
K.SURENDRA MOHAN, J
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WP(C).No.17934 of 2012
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Dated this the 31st July, 2012.
J U D G M E N T
The petitioners are the retired employees of the Kerala State Electricity Board, the first respondent herein. They complain that they have not been paid the interest portion of their gratuity so far.
2. Since the petitioners had not been paid gratuity in accordance with the provisions of the Payment of Gratuity Act, 1972 they had approached the third respondent for necessary reliefs. Accordingly, as per Ext.P1 order, the third respondent has directed payment of the balance amount of gratuity to them. Though the first respondent has taken decision to follow the Payment of Gratuity Act, 1972, the payments due to them have still not been made, the petitioners complain.
WP(C).No.17934/2012.
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3. The counsel for the petitioners submits that this Court has allowed similar prayers in various other writ petitions filed by retired employees like the petitioners. Adv. K.S.Anil who appears for the first respondent submits that the amounts claimed would be paid provided some time is granted for the said purpose. He points out that six month's time has been granted by this Court in similar cases. He also submits that interest may be permitted to be calculated from the respective due dates, only till the date of deposit of the principal amount.
4. The above being the position, I am satisfied that this writ petition can also be disposed of in terms of the directions granted in similar cases. Accordingly, this writ petition is disposed of with the following directions:-
i) The first respondent Board shall deposit the entire amount payable to the petitioners, calculated in accordance with the order Ext.P1, the interest to be calculated from the respective due dates till the date of deposit of the principal amount, before the Controlling Authority, within a period of six months from today.
WP(C).No.17934/2012.
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ii) Upon such deposit being made, it shall be open to the petitioners to unconditionally withdraw the amounts so deposited.
iii) If the petitioners have withdrawn the principal amount of gratuity after executing bond, such withdrawal will be treated as unconditional.
K.SURENDRA MOHAN, (Judge) Kvs/-