MANAGING DIRECTOR, COIR FED KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATIONLTD NO.679) REPRESENTED BY ITS MANAGING DIRECTOR,ALAPPUZHA. BY ADV. SRI.A.N.RAJAN BABU RESPONDENTS: Vs. REGIONAL JOINT LABOUR COMMISSIONER KOLLAM

JUDGEMENT

(1.) By this petition, the petitioner/employer is praying for the following reliefs:-

(2.) Heard the learned counsel for the petitioner at sufficient length of time. He urged that respondent Nos. 6 to 25 were not in continuous service of the petitioner as stipulated in Section 4 of the Payment of Gratuity Act, 1972 and therefore, computation of length of their service by the Controlling Authority is not correct. The chart at Ext. P3 does not demonstrate that these respondents were in continuous service of the petitioner and therefore, computation of gratuity by the Controlling Authority is patently illegal. It is further urged that the Controlling Authority, i.e, District Labour Officer, Kollam was not competent to pass the order under Section 7(4) of the Payment of Gratuity Act , 1972, he being not the authorised Controlling Authority in respect of employees of the petitioner. According to the learned counsel for the petitioner, the appropriate government in respect of the petitioner is the Central Government and the Rules which are applicable to it are the Payment of Gratuity (Central) Rules. The Assistant Labour Commissioner (Central) is the competent Authority so far as the employees of the petitioner are concerned as the petitioner has branches at several States in India. With this, it is argued that the order passed by the Appellate Authority, i.e., the Regional Joint Commissioner, Kollam is not in consonance with the provisions of law and therefore needs to be quashed and set aside.

(3.) I have also heard the learned Government Pleader appearing for the State Authorities.