NEYVELI LIGNITE CORPORATION Vs. APPELLATE AUTHORITY UNDER SECTION 7 4 OF GRATUITY ACT 1972 REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has been filed seeking to quash the order of the first respondent passed in Gratuity Appeal Nos.430 to 506 of 2003, dated 31.01.2004.

(2.) THE case of the petitioner, in a nutshell, is as follows :

(3.) MR.N.A.K.Sarma, learned Counsel appearing for the petitioner Corporation contended that the Controlling Authority erred in entertaining the application filed by the Neyveli Retirees Welfare Association, as there is no provision or entitlement for an Association to file an Application under Section 7 of the Act, 1972. It was his further contention that the respondents have not even furnished a copy of the Form 'R' even during the proceedings in the Appeal, based on which, Form 'R' deserves to be reversed by quashing it. According to the learned counsel, the Appellate Authority ought not to have invoked the provision under Section 4(5) of the Act, inasmuch as the order is neither an award nor an agreement nor a contract between the Petitioner Corporation and either with the respondent Association or with the individual employees in whose favour Form 'R' has been issued.