SECRETARY TO GOVERNMENT Vs. B.V. MURTHY

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 14.3.2011, passed by the Assistant Labour Commissioner and Controlling Authority under payment of Gratuity Act, Mysore Division, vide Annexure-A and the order dated 8.5.2012, passed by the Deputy Labour Commissioner and the Appellate Authority, vide Annexure-B. By the impugned order at Annexure-A, the Controlling Authority has directed the second petitioner to pay gratuity of Rs. 62,220/- with interest at 10% from 31.12.2003. Aggrieved by that, the second petitioner has preferred an appeal before the Appellate Authority. By order dated 8.5.2012, the Appellate Authority has confirmed the order passed by the Controlling Authority and dismissed the appeal. Therefore, this writ petition.

(2.) Briefly stated the facts are:

(3.) The learned Government Pleader contended that the Controlling Authority as well as the Appellate Authority have erred in directing the 2nd petitioner to pay gratuity of Rs. 62,220/- with interest. The service of the respondent was regularized from 1.1.1990 and therefore, the Controlling Authority and the Appellate Authority were not justified in directing to pay the gratuity from 1.4.1978. He therefore submitted that the impugned orders cannot be sustained in law.