AKKAMMA W/O H.B. RAMESH Vs. SRI. M. BALAKRISHNA S/O N.S. MANJEGOWDA AND THE DEPUTY COMMISSIONER OF LABOUR AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY, 1972, HASSAN REGION

JUDGEMENT

(1.) IN these three petitions, the petitioners have sought for issuance of writ of certiorari quashing the order dated 8 -6 -2009 passed by the second respondent at Annexure -C and also to confirm the order passed by the Controlling Authority at Annexure -A.

(2.) THESE petitioners are claiming themselves to be the employees under the first respondent stating that they served for more than 10 years and they were refused employment illegally without paying any terminal benefits. The petitioners approached the Controlling Authority for payment of gratuity. The Controlling Authority allowed their applications filed by the workmen. Assailing the said order, an appeal was preferred before the Appellate Authority. The Appellate Authority set aside the order of the Controlling Authority an the ground of delay as well as on merits. The same has been assailed in these three petitions.

(3.) ACCORDING to the learned Counsel for the petitioners, although the first respondent claim that he has maintained records, he could have produced the same before the Appellate Authority, but he did not produce. According to him, the Controlling Authority passed an appropriate order, but the Appellate Authority without any proper reasons reversed the same. It is also submitted that the service rendered by the petitioners have not been taken into consideration by the first respondent.