IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 19012 of 2007(L) -------------------------- PETITIONER(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM - REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. C.K.GOPALAKRISHNAN, LAKSHMI NIVAS, P.O.MEPPAYUR, KOZHIKODE. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), KOZHIKODE. 3. THE REGIONAL LABOUR COMMISSIONER, KOZHIKODE. ADV. SRI.DEVAPRASANTH.P.J. FOR R1 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, ALONG WITH WPC NO. 19013 OF 2007 WPC NO. 19014 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 19012/07,. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE OBJECTION IN G.C.NO.217/04 BEFORE R2. P2 COPY OF THE ORDER DTD.21.10.05 IN THE G.C. P3. COPY OF THE MEMORANDUM OF APPEAL IN THE G.C. P4. COPY OF THE ORDER DTD.30.8.06 BY R3 IN G.C.NO.267/06. P5. COPY OF THE JUDGMENT OF THIS COURT IN O.P.No. 674/02. P6. COPY OF THE COUNTER AFFIDAVIT IN O.P.NO.674/02 BY THE RESPONDENTS. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).Nos.19012, 19013 & 19014 of 2007 ================== Dated this the 3rd day of December, 2009 J U D G M E N T These three writ petitions are filed by the Kerala State Electricity Board challenging the orders of the authorities under the Payment of Gratuity Act, whereby the authorities directed payment to the employees of the Kerala State Electricity Board, who are respondents herein, of gratuity as calculated under the Payment of Gratuity Act. In similar cases in respect of other employees, they challenged similar orders on the ground that the Payment of Gratuity Act is not applicable to the employees of the Kerala State Electricity Board. A learned Single Judge of this Court has held that the Payment of Gratuity Act is applicable to the employees of the Kerala State Electricity Board. That decision has been confirmed by a Division Bench of this Court and was followed by other Division Benches of this Court as is clear from the judgment in W.A.No.883/2009. In fact the original judgment of the Division Bench was taken in appeal before the Supreme Court by the Board, which is pending. There is a stay in that appeal. But a Division Bench of this Court in Abdul Rehiman v. District Collector, Malappuram [2009 (4) KHC 283] has held that even though there is a stay by the Supreme Court, the learned Single Judges of this Court are bound by W.P.C.10912/07 etc. 2 the law declared by the Division Bench. Accordingly, these writ petitions are dismissed following those Division Bench decisions of this Court. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge