V JAYACHANDRAN Vs. JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THE petitioner in both the writ petitions is one and the same person. He is the Proprietor of Sri Rajarajeswari Bus Service at Vridhachalam. THE petitioner challenges the order of the Appellate Authority under the Payment of Gratuity Act, 1972 (R1) made in P.G.Nos.49 and 48 of 2007 dated 25.01.2008 respectively.

(2.) BOTH the writ petitions were admitted on 19.03.2008. Pending the writ petitions, an interim injunction was granted restraining the first and second respondents from permitting the contesting respondents from withdrawing any portion of the amount lying in deposit with the second respondent Controlling Authority.

(3.) THE Controlling Authority (R2) by an order dated 21.03.2006 found that the third respondent was only employed with Late Venkatasubramaniam Chettiar as well as the 4th respondent, in their transport service Sri Rajarajeswari Bus company. But inspite of the said finding, the second respondent computed a sum of Rs.25,139/- as payable to the third respondent together with interest at the rate of 10% from the date of his retirement. Aggrieved by the said order, the petitioner preferred an appeal to the 1st respondent Appellate Authority in P.G.A.No.49 of 2007. THE first respondent by an order dated 25.01.2008 dismissed the appeal and directed the payment of amount. It is against that order W.P.No.6785 of 2008 came to be filed.