IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 27366 of 2006(G) -------------------------- PETITIONER(S): --------------- KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANA, PATTOM, THIRUVANANTHAPURAM-REP. BY ITS SECRETARY. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. M.S.JOHN, PLANTHOTTATHIL PARAMBIL, MANJADI P.O., THIRUVALLA. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER), PATHANAMTHITTA. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM. BY SR.GOVT. PLEADER SMT. ANITHA RAVINDRAN ADV. SRI.P.M.MOHAMMED SHIRAZ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27366 OF 2006 -------------------------- Dated this the 15th day of December, 2011 J U D G M E N T The Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) has filed this writ petition challenging Ext.P4 order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 whereby the Appellate Authority upheld Ext.P1 order passed by the Controlling Authority under the said Act. 2. Ext.P1 order was passed on an application filed by the first respondent herein, a former employee of the Board who retired from service on 28.2.1998 claiming gratuity under the Payment of Gratuity Act, 1972. Such an application was filed relying on the judgment of this Court in OP No.674 of 2002, a copy of which is on record as Ext.P5. The main contention raised in the writ petition is that Ext.P5 judgment has not attained finality in view of the fact that the Board has filed W.A. No.1062 of 2003 and it is pending in this Court. It is also contended that former employees of the Board are entitled to WPC No.27366/2006 2 gratuity only in terms of Part III of the Kerala Service Rules and not under the Payment of Gratuity Act. 3. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner 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 apply the provisions of the Payment of Gratuity Act in respect of the employees of the Board and to withdraw the Special Leave Petition filed by the Board in the Apex Court challenging the judgment of the Division Bench in W.A. No.1062 of 2003. The learned counsel submitted that in such circumstances, the petitioner is not prosecuting the writ petition any further. It is accordingly dismissed as not pressed in view of Board order dated 24.5.2011, referred to above. P.N.RAVINDRAN, (JUDGE) vps WPC No.27366/2006 3