SUPERINTENDING ENGINEER Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The writ petition is filed by the Superintending Engineer, Purchase and Administration, Mettur Thermal Power Station, Mettur Dam, challenging the order passed by the appellate authority, under the Payment of Gratuity Act, namely, the Joint Commissioner of Labour, Coimbatore, in AGA No. 52 of 2006, dated 29.9.2007, confirming the order passed by the Controlling Authority/Assistant Commissioner of Labour, Salem, in P.G. Case No. 6 of 2005, dated 2.5.2006. By the impugned order, the appellate authority dismissed the appeal filed by the petitioner and confirmed the order passed by the controlling authority in favour of the second respondent. The writ petition was admitted on 18.3.2008. Pending the writ petition, this Court granted interim stay. The second respondent filed a vacate stay application. But however no orders have been passed. In the meanwhile, the matter was referred to the resolution of the dispute by the Permanent Lok Adalat. However, the dispute was not resolved in the Lok Adalat.

(2.) The question that arises for consideration in this petition was whether the claim made by the workman, namely, the second respondent, that he had put in service from 16.2.1988 to 31.12.2003, namely, a period of sixteen years is eligible for getting payment of gratuity, under the Payment of Gratuity Act, 1972.

(3.) There is no dispute by the Board that the second respondent was employed from 1.5.1999 till he retired on 31.12.2003. Therefore, the Board contended that the second respondent rendered services in the Board from 1.5.1999 to 31.12.2003.