SUSHIL KUMAR MALOO Vs. GUAJRAT RAFFIA INDUSTRIES LTD.

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction to quash and set aside the impugned order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the 'appellate authority') dated 11/11/2004 in Appeal No.44/2004 by which the learned appellate authority has allowed the said appeal preferred by the respondent herein and has quashed and set aside the order passed by the controlling authority under the Payment of Gratuity Act directing the respondent to pay Rs.56,538/- with 10% interest thereon from 01/09/1997 by observing that the conditions as envisaged under Section 4 of the Act has not been fulfilled as it cannot be said that the petitioner has completed five years of continuous service.

(2.) The facts leading to the present Special Civil Application in a nutshell are as under;

(3.) Shri D.J. Bhatt, learned advocate appearing on behalf of the petitioner has vehemently submitted that the impugned judgment and order passed by the learned appellate authority is absolutely illegal and contrary to the provisions of the Act.