Judgment :- K. GOVINDARAJAN, J. The appellant-management filed the above appeal aggrieved by the Order passed by the learned single Judge in W.P. No. 331 of 2000 dated January 11, 2000 rejecting the appellant's Writ Petition. The 2nd respondent claiming that he is the employee of the appellant and worked for more than 5 years moved the authorities under the Payment of Gratuity Act, claiming payment of gratuity. The first authority rejected the petition of the 2nd respondent as if he has not completed the five years of service as contemplated under the Payment of Gratuity Act. The appellate authority in the Order dated July 8, 1998 held that the service of the 2nd respondent would have been taken as he had completed his service of five years and so he is entitled for gratuity amount. Challenging that Order, the appellant-Management filed the Writ Petition. The learned single Judge rejected the same. Hence the appellant filed the above writ appeal. The learned counsel appearing on behalf of the appellant has submitted that when the 2nd respondent himself has admitted during the course of examination that he joined the service only on August 1, 1992 afresh with the appellant-management and so he cannot claim any gratuity as he has not completed the five years of service. This submission cannot be accepted in view of the factual finding given by the appellate authority and the learned single Judge to the effect that the 2nd respondent had completed five years of service. We find no reason to interfere with the same. Hence we find no merits in this appeal and accordingly it is dismissed. Consequently, C.M.P. No. 5324 of 2000 is also dismissed.