The High Court of Kerala admitted the writ appeal filed by KSEB against an order directing the deposit of gratuity interest. Holding that prior orders were final, the Court dismissed the appeal and upheld the direction for interest payment.
The writ appeal was dismissed; the direction to deposit the interest portion remains valid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR &
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931
WA.No. 888 of 2009
AGAINST THE JUDGEMENT IN WPC.18461/2008 Dated 17/07/2008
APPELLANT/3RD RESPONDENT IN WPC.
KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE &
ADV.SRI.S.SUGIN
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2 IN WPC.
AYILYAM,EAR KOKERS,KOCHI-1.
ADV. SRI.S.RAMESH BABU FOR R1 R2 & R3 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ.
JUDGMENT
BALAKRISHNAN NAIR, J
The third respondent in the writ petition, Kerala State Electricity Board, is the appellant. The first respondent/writ petitioner was an employee of the KSEB. He is entitled to get gratuity at the rate payable under the Kerala Service Rules. At the time of his retirement, claiming that he is entitled to get the Gratuity at the rate provided under the Payment of Gratuity Act, he moved the statutory authority. The said authority by Ext.P1 order directed to pay Gratuity amount of Rs.3,50,000/- with 10% interest from 01.07.03 to the writ petitioner. The KSEB, after depositing the principal amount, filed an appeal before the appellate authority. The appellate authority dismissed the appeal by Ext.P2 order. Thereupon the amount deposited by the KSEB was released to the petitioner on 09.01.08. Claiming 10% interest as ordered in Ext.P1, the petitioner approached the controlling authority again. Ext.P3 is the application submitted by the petitioner before the controlling authority. Seeking
WA No.888/09
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a direction to the controlling authority to dispose Ext.P3, the writ petition was filed.
the third respondent to deposit the interest portion also before the District Labour Officer/Controlling Authority under the Act within two months. This direction was issued without prejudice to the right of the KESB to work out its remedies against the order directing Payment of Gratuity. Challenging the said judgment, this writ appeal is filed.
We notice that Exts.P1 and P2 have become final. Therefore the Board was bound to pay interest as directed in Ext.P1. Therefore we find nothing wrong in the decision of the learned Single Judge. The learned Judge has rightly directed the Board to deposit the interest. Therefore, this writ appeal fails and it is dismissed.
K. BALAKRISHNAN NAIR, JUDGE
C.T. RAVIKUMAR, JUDGE
ttb
1 issue framed by the court
Whether the writ appeal challenging the direction to deposit gratuity interest should be allowed.
2 provisions across 2 enactments
Kerala State Electricity Board
P. VISWANATHAN
The District Labour Officer, Ernakulam
The Regional Joint Labour Commissioner, Ernakulam
K BALAKRISHNAN NAIR
C T RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
