GENERAL MANAGER THE CANNANNORE SPINNING AND WEAVING MILLS MAHE Vs. CONTROLLING AUTHORITY FOR MAHE KARAIKAL

JUDGEMENT

(1.) ALL the three writ petitions are filed by the same petitioner company, i.e. Cannannore Spinning and Weaving Mills, a unit of NTC (APKK&M) Ltd., at Palloor (Mahe) represented by its Manager (Personnel).

(2.) IN the first writ petition, the petitioner management challenged an order of the Controlling Authority under the Payment of Gratuity Act, i.e. Labour Officer, Karaikal made in P.G.A.No.9/2007. By the impugned order, dated 7.5.2008, the first respondent Controlling Authority had rejected the preliminary objection raised by the management and directed them to appear for a further enquiry. Hence the petitioner has filed the writ petition. IN the writ petition, initially notice of motion was ordered on 12.6.2008 and an interim stay was granted. Subsequently, it was admitted on 3.12.2008.

(3.) THE second argument was that even if it is not an establishment belonging to or under the control of the Central Government and in such case, it is only the State Government which can notify the authorities under the Act. But Union Territory of Puducherry cannot be considered to be the State Government. Reliance was placed upon a judgment of the Supreme Court in Goa Sampling Employees' Assn. v. General Superintendence Co., reported in AIR 1985 SC 35. THE authority had rejected the said condition and held that under Article 239A read with Section 3(8) of the General Clausea Act, the Administrator of the Union Territory has power to notify the authority even as a delegate of the President.