V.V. SURENDRA BABU Vs. ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, CHIKMAGALORE DIVISION, CHIKMAGALORE AND OTHERS

JUDGEMENT

(1.) Heard Sri K. Govindaraj, learned Counsel appearing for petitioner and Sri S.B. Pavin, learned Counsel appearing for respondent 2 in W.P. No. 30417 of 2014.

(2.) Respondent 2 in all these petitions claiming to be the employees under petitioner initiated proceedings before the Controlling Authority under Sec. 4 of the Payment of Gratuity Act, 1972 claiming that gratuity amount due and payable to them had been withheld by the petitioner-employer.

(3.) Petitioner herein appeared, filed statement of objections contending that there is no relationship of' employer' and 'employee' between them. It is the stand of writ petitioner before Controlling Authority that he was working in the cinema theatre as Manager and as such, question of payment of gratuity amount to the applicants i.e., former employees of cinema theatre does not arise. Adjudicating Authority, by the impugned orders allowed the applications and directed the petitioner and fifth respondent to pay gratuity amounts as indicated in the impugned orders, by fixing joint and several liability on both petitioner and fifth respondent.