IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 4394 of 2011(Y) ------------------------- PETITIONER: --------------- KOMALAVALLI P., AGED 62 YEARS, W/O. P.SREEDHARAN, 'SREERAGAM', NEAR KARTHIYAINI TEMPLE, AYYANTHOLE P.O., THRISSUR, PIN-680 003. BY ADV. SRI.C.D.DILEEP RESPONDENT: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-4. 2. CHIEF ENGINEER (H.R.M.), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 3. ASSISTANT ENGINEER, ELECTRICAL SUB SECTION, KECHERI, THRISSUR DISTRICT, PIN-680 501. BY SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 4394 OF 2011 -------------------------- Dated this the 10th day of February, 2011 J U D G M E N T The petitioner is a former employee of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). She retired from service on 31.1.2004 on attaining the age of superannuation. It is stated that upon retirement, the petitioner was paid the sum of Rs.2,80,000/- as gratuity pursuant to Ext.P2 order dated 12.5.2004. The petitioner contends that in view of the decision of this Court in K.S.E.Board v. R.Mohankumar (2008 (3) KLT 73) she is entitled to a further amount of Rs.70,000/-. It is stated that seeking the benefit of the said decision and payment of the sum of Rs.70,000/-, the petitioner has filed Ext.P4 representation before the Chairman of the Board. In this writ petition, the petitioner seeks a direction to the respondents to release the balance amount of gratuity with interest at 6% per annum. 2. What the petitioner claims in the writ petition is a higher amount of gratuity in accordance with the provisions of the Payment of Gratuity Act. The Payment of Gratuity Act contains provisions WPC No.4394/2011 2 whereby a controlling authority has been constituted to adjudicate upon claims for payment of gratuity. An appeal lies from the decision of the controlling authority to the appellate authority. In such circumstances, I am of the opinion that the petitioner should move the controlling authority constituted under the Payment of Gratuity Act instead of seeking the intervention of this Court at this stage. A similar view has been take by a learned single Judge in W.P.(C) Nos.37538 of 2003 & 37691 of 2003. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to move the competent authority under the Payment of Gratuity Act, 1972 seeking redressal of her grievances. P.N.RAVINDRAN, (JUDGE) vps WPC No.4394/2011 3 WPC No.4394/2011 4