SUPERINTENDING ENGINEER PURCHASE AND ADMINISTRATION METTUR DAM Vs. APPELLATE AUTHORITY/JOINT COMMISSIONER OF LABOUR COIMABTORE

JUDGEMENT

(1.) THE petitioner is the Superintending Engineer, Purchase and Administration, Mettur THErmal Power station, Mettur Dam. He has come forward to file the writ petition, seeking to challenge an order passed by the first respondent Appellate Authority under the Payment of Gratuity Act, 1972 cum Joint Commissioner of Labour, Coimbatore made in A.G.A.No.225 of 2004 dated 19.06.2007 and seeks to set aside the same.

(2.) THE writ petition was admitted on 10.08.2007. Pending the writ petition, this court granted an interim stay.

(3.) AS against the said order, the petitioner Board preferred an appeal before the Appellate Authority under section 7(7) of the Payment of Gratuity Act, 1972. The said appeal was taken on file as A.G.A.No.225 of 2004 and notice was given to the second respondent workman. The second respondent workman filed a counter statement dated 17.01.2006. The Appellate Authority on the basis of the rival contention held that even if the second respondent was held to be a contract labourer, by virtue of section 21(4) of the Contract Labour Act, it is the principal employer who is bound to pay the gratuity even in respect of a Contract Labourer.