MANAGEMENT OF CRUICKSHANK AND COMPANY LTD Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1992 AND REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) THE issue Whether the entitlement of contract labourers for gratuity can be dislodged or denied on account of tussle between the principal employer, who engaged the service of the contract labourers and the contractor, who employed the contract labourers is the issue that is projected for our consideration in these batch of writ petitions. II. - Order under challenge

(2.) THE petitioner has challenged the common order passed by the first respondent/Appellate Authority dated 29.2.2000 modifying the order of the second respondent/Controlling Authority, questioning the liability of the petitioner to the workmen, who are the contesting respondents herein, under the provisions of the Payment of Gratuity Act, under the following facts and circumstances of the case.

(3.) PER contra, Mr. K.M. Ramesh, learned counsel appearing on behalf of the claimants, argues for sustaining the order of the authorities below and has also filed memos dated 20.11.2006, the contents of which are common and the same read as follows:- MEMO FILED ON BEHALF OF THE WORKMEN VIZ., 6TH RESPONDENT IN EACH OF THE ABOVE WP's. It is respectfully submitted that the 6th respondent in each of the above Writ Petitions being the workmen (Applicants before the Controlling Authority under the Payment of Gratuity Act) hereby agree to restrict their claim of gratuity to the sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) being the amount deposited by the Writ Petitioner as per order dated 21/06/99 made in W.P.No.1950 of 1997 and WMP Nos.3259 of 1997, 25604 and 25605 of 1998 towards the impugned order passed by the original authority, viz., Controlling Authority under the Payment of Gratuity Act, 1972, the 2nd respondent herein. It is therefore prayed that this Honourable Court may be pleased to dispose of the above Writ petitions in the above terms and permit the workmen to withdraw the amount lying to the credit of the Controlling Authority with accrued interest if any towards full and final settlement in proportion to their respective claim and thus render justice. Dated at Chennai this the 20th day of November, 2006. sd/- Counsel for 6th respondent in all W.Ps.