IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WA.No. 1903 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11526/2008 Dated 06/06/2008 .................... APPELLANTS:RESPONDENTS: ----------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT:PETITIONER: ------------------------------------------ E.P.KUNHIRAMAN, FORMER SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, NOW RESIDING AT 28/1797, “SREELAKSHMI”, PANORAMA NAGAR, KADAVANTHRA, KOCHI-26. BY ADV. SRI. S.REMESH BABU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- W.A. No. 1903 of 2008 --------------------------------------- Dated this the 29th day of September, 2008 Judgment Koshy,J. Writ petitioners challenge Ext.P5 decision to recover some amount from the D.C.R.G. payable to him. Ext.P5 was later withdrawn and D.C.R.G. amount was paid completely. The learned single Judge directed to pay the amount as per the Payment of Gratuity Act as a Division Bench of this court held that employees of the Electricity Board are entitled to get gratuity as per the Payment of Gratuity Act and learned counsel for the appellant Electricity Board submits that the said decision is challenged before the Supreme Court and the Hon'ble Supreme Court has stayed the judgment of the Division Bench. If it is finally held by the Supreme Court in that case that Payment of Gratuity Act is applicable, difference in D.C.R.G. and gratuity under the Payment of Gratuity Act was ordered to be paid to the petitioner. Hence, that part of the direction of the learned single Judge to pay gratuity as per the Payment of Gratuity Act is set aside in view of the undertaking that depending upon the decision in the Supreme Court case, petitioner W.A.No.1903/2008 2 will be paid gratuity, if Payment of Gratuity Act is held applicable by the Supreme Court. The appeal is allowed to the above extent. J.B.Koshy Judge K.P. Balachandran Judge vaa W.A.No.1903/2008 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.1903/2008 ------------------------------------- Judgment Date:29th September,2008