THE FAMILY PLANNING ASSOCIATION OF INDIA Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT AND REGIONAL LABOUR COMMISSIONER (CENTRAL) AND ORS.

JUDGEMENT

(1.) PETITIONER is seeking for quashing of common order passed in Appeal No. 2 -14/2010 -B2 dated 30.05.2011, Annexure -D. These petitions are filed by Family Planning Association of India, assailing the order referred to supra.

(2.) PETITIONER is an association established and engaged in social services and oriental activities. Financial assistance was provided by Government of Karnataka for running petitioner establishment. Government of Karnataka issued a notification bearing No. HFW/69/FRP/2003 dated 06.09.2003 directing petitioner establishment situated at different places along with the inmates to various other voluntary organizations named as such in the notification. Petitioner organization was ordered to be transferred to two different organizations namely Shree Sharana Seva Samaja, Bangalore, and Sumangali Seva Ashram, R.T. Nagar as per notification Annexure -A. Accordingly petitioner organization has transferred its Banashankari Urban Family Welfare Centre to Shree Sharana Seva Samaja, Bangalore and its Urban Family Centre situated at Palace Guttahalli to Sumangali Seva Ashrama, R.T. Nagar, Bangalore. These facts are not in dispute.

(3.) ON service of notice, employer appeared and filed its statement of objections contending inter alia that pursuant to orders of Government of Karnataka, organization run by it was handed over to UFWO's with effect from 01.04.2003 and employees being continued with said organization there was no cessation of their employment and as such section 4 of the Act is not attracted and consequently they are not eligible for benefits accrued under the Act if any. It was also contended that there was delay in raising the claim and it has not been properly explained and as such they sought for rejection of applications. Controlling authority formulated the following issues for its consideration and they read as under: