THE PRESIDENT, THOOTHUKUDI & TIRUNELVELI DISTRICT, FISHERMEN CO-OP FEDERATION LTD. Vs. APPELLATE AUTHORITY/THE JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in P.G.A. No. 30/2012, dated 19.12.2014 and quash the same.

(2.) According to the petitioner, 2nd respondent/the workman joined the services of the petitioner federation in 1977 and attained the age of superannuation on 30.06.2002 and has completed 24 years and 9 months of service. The workman filed gratuity application in P.G. No. 111/2005 claiming gratuity before the Controlling Authority namely, the Assistant Commissioner of Labour, Tirunelveli, wherein, he has stated that he has rendered 43 years of service. Based on the application filed by the applicant/workman, the authority has rendered a finding and computed the gratuity amount at Rs.49,218.00. The contention of the writ petitioner herein is that the 2nd respondent/workman could not have completed 43 years of service, as he could not have been appointed in the petitioner federation at the age of 15 years. Initially, ex parte order was passed in the gratuity application. Aggrieved by the said order for the reasons best known to the petitioner Management, they have approached the Civil Court by filing a Civil Miscellaneous Appeal No.19/2010 and thereafter, approached the appellate authority after the above CMA was returned by the Principal District Judge, Thoothukudi.

(3.) Admittedly, there is a delay of 375 days in filing the gratuity appeal. For the sake of convenience, Sec. 7(7) of the Payment of Gratuity Act, is extracted below:-