IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2687 of 2008(T) ------------------------- PETITIONER: ------------ THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENTS: ------------- 1. M.PRABHAKARAN, MELETHODI HOUSE, VIRADOOR HILL, NILAMBUR. 2. THE CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER), MALAPPURAM. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE, (THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT) BY G.P. SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.2687 of 2008 ================== Dated this the 23rd day of January, 2008 J U D G M E N T The petitioner is the Kerala State Electricity Board. The Board is challenging the orders of the original and appellate authorities under the Payment of Gratuity Act, whereby the authorities have directed payment of gratuity to the 1st respondent, in accordance with the Payment of Gratuity Act. This writ petition is filed on the ground that W.A.No.1062/2003, on the question as to whether the rules relating to gratuity under the KSR would override the provisions of the Payment of Gratuity, is pending before a Division Bench. That writ appeal was against a judgment of a learned Single Judge holding that the provisions of the Payment of Gratuity Act would prevail. That writ appeal has been dismissed by a Division Bench. Therefore, this writ petition is also liable to be dismissed. Accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2