JOINT COMMISSIONER/EXECUTIVE OFFICER, ARULMIGU RAMANATHASWAMY TEMPLE, RAMESWARAM Vs. ASSISTANT COMMISSIONER (LABOUR) CUM CONTROLLING AUTHORITY OF PAYMENT OF GRATUITY, MADURAI AND OTHERS

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Writ of Certiorari to call for the records relating to the common order passed by the first respondent in case number Pa.Gr. Interlocutory Application Nos. 138/13 to 233/13, dated 23.09.2016 and to quash the same.

(2.) The petitioner/temple has come out with this Writ Petition challenging the common order passed by the first respondent under which the first respondent has allowed the applications filed by the respondents 2 to 93, who are the erstwhile employees of the petitioner/temple, to condone the delay in filing the applications seeking for payment of gratuity.

(3.) The learned counsel appearing for the petitioner would contend that whether the petitioner/temple is amenable to provisions of the Payment of Gratuity Act, 1972 itself is a question in view of the issue that as to whether charitable Institutions like temple are to be brought under the purview of the Payment of Gratuity Act, has been referred to for a decision before the constitutional Bench of the Honourable Apex Court and the same is pending consideration.