IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 1177 of 2008(M) ------------------------- 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.N. GOPINATHAN, MANTHATTIL HOUSE, KOLANI P.O., THODUPUZHA. 2. THE CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT (DISTRICT LABOUR OFFICER), IDUKKI, THODUPUZHA. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM. (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 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 1177 of 2008(M) ======================= Dated this the 10th day of January, 2008 JUDGMENT The petitioner is the Kerala State Electricity Board. The Board is challenging 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 the Writ Appeal No.1062 of 2003 on the question as to whether the rules relating to gratuity under the KSR would overwrite the provisions of the Payment of Gratuity Act is pending before a Division Bench. That writ appeal is against a judgment of a learned single judge holding that the provisions of the Payment of gratuity Act would prevail. Now that the writ appeal is dismissed. This writ petition is also liable to be dismissed. Accordingly, the same is dismissed. S.SIRI JAGAN, JUDGE jp