MANAGEMENT OF K-26 VADAKKUPUDUPALAYAM PRIMARY AGRICULTURAL CO OP BANK LTD Vs. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY/ ASSISTANT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THE 1st Writ Petition No.1258 of 2004 is filed by the management of the Cooperative Society seeking to challenge an order passed by the 1st respondent Controlling Authority in P.G.Case No.101 of 2002 dated 14.11.2003. By the aforesaid order, the 1st respondent computed the gratuity of a sum of Rs.1,09,163/- payable to the 2nd respondent workman. THE petitioner did not file any appeal against the said order under Section 7(7) of the Payment of Gratuity Act, 1972 to the appellate authority but has rushed to this Court contending that they have has no other alternate remedy. This statement made by the petitioner society is clearly erroneous and not supported by law.

(2.) THE Writ Petition was admitted on 29.1.2004. Pending the Writ Petition, this Court directed the petitioner society to pay 50% of the terminal benefits within four weeks. Subsequently on 9.11.2004, it was brought to the notice of this Court that the petitioner did not comply with the said order and hence the application for interim relief was dismissed recording the same.

(3.) SUBSEQUENTLY, the employee worked in the Society till his superannuation on 31.5.1999. Thereafter, when he claimed gratuity and the same was not paid, he moved the authority for a claim for gratuity for the period from 4.9.1967 to 31.5.1999 for a period of 32 years.