KERALA STATEELECTRICITY BOARD Vs. R MOHANKUMAR

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these writ appeals, they are clubbed together, heard and disposed of by this common order.

(2.) THE first case that was filed before this Court was O. P. 674/2002. In that case, the petitioner was an employee of the Kerala State Electricity Board. He retired from service as Chief Personnel Officer and Head of Personnel Department on 30th September, 2001. His claim was payment of gratuity at the rates provided under the provisions of the Payment of Gratuity Act 1972 (hereinafter for brevity referred to as Act of 1972 ). According to the petitioner, he was eligible to receive 3. 5 lakhs under the provisions of the Gratuity Act. The Kerala State Electricity Board, relying upon Rule 68 of Part III of Kerala Service Rules, had paid only a sum of Rs. 2. 8 lakhs and thereby his request for payment of 3. 5 lakhs under Act of 1972 was rejected by the respondents. That was how the petitioner was before this Court seeking appropriate directions to the Kerala State Electricity Board for payment of gratuity at the rates provided under the provisions of Act of 1972.

(3.) DETAILED objections were filed by the Board resisting the reliefs sought for by the petitioner in the writ petition. However, at the time of hearing the petitions for disposal, primarily two contentions were canvassed by the learned counsel appearing for the Board before the learned Single Judge. Firstly, in view of Sec. 2 (e) of the Payment of Gratuity Act, the employee of the Corporation is none other than an employee of the State Government. Therefore, the provisions of the Payment of Gratuity Act cannot be made applicable to him. Secondly, since the petitioner under the provisions of the Kerala Service Rules had received pension package and the gratuity, he is not entitled for payment of gratuity under the provisions of the Payment of Gratuity Act.