ASSISTANT EXECUTIVE ENGINEER, CAUVERY NEERAVARI NIGAMA LTD Vs. DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY

JUDGEMENT

(1.) Heard Sri. K.S.Bheemaiah, learned counsel for the petitioners and Sri. N.Sheshadri, learned counsel for Sri. Santhosh.R.Nelkudri, learned counsel for respondent No.3. Perused the writ petition papers.

(2.) Learned counsel for the petitioners would submit that the petitioners are before this Court questioning the correctness and illegality of order dtd. 31/12/2013 (Annexure-A), wherein the Controlling Authority under the Payment of Gratuity Act, 1972 (for short 'the Act') directed the petitioners herein to count period prior to regularization of respondent No.3 and to pay the gratuity amount.

(3.) Learned counsel Sri. Bheemaiah would submit that the question as to whether the period prior to regularization could be counted for the purpose of gratuity is pending before the Hon'ble Apex Court in Special Leave Petition (Civil) Diary No(s). 9156/2023. The same is not disputed by respondent No.3. However, learned counsel for respondent No.3 submits that the petitioners have paid entire gratuity amount by counting service prior to the date of regularization. Hence, he submits that this writ petition would no more survive for consideration.