The Kerala State Electricity … vs M.N. Gopinathan on 10 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1177 of 2008(M)


1. THE KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. M.N. GOPINATHAN,
                       ...       Respondent

2. THE CONTROLLING AUTHORITY,

3. THE REGIONAL JOINT LABOUR COMMISSIONER,

                For Petitioner  :SRI.K.S.ANIL, SC, KSEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :10/01/2008

 O R D E R
                              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

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