IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1507 of 2008(D) ------------------------- PETITIONER: ------------ THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENTS: ------------------ 1. T.MADHAVAN, PUTHIYOTTIL, PILASSERY VIA KUNNAMANGALAM, KOZHIKODE. 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 GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.1507 OF 2008 ---------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT 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. S. SIRI JAGAN, JUDGE Acd