LAWS(MAD)-2008-11-237

MANAGEMENT MADURANTHAGAM CO-OP SUGAR MILLS LTD Vs. JOINT COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

Decided On November 13, 2008
MANAGEMENT MADURANTHAGAM CO-OP. SUGAR MILLS LTD. Appellant
V/S
JOINT COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT Respondents

JUDGEMENT

(1.) THE Petitioner seeks Writ of Certiorari calling for the records of the 1st Respondent dated 17.04.2006 made in P.G.A. Nos. 79 to 87 of 2005 and 98 & 99 of 2005.

(2.) WRIT petition in W.P.No.22924 of 2006 relates to 17 workmen who were employed in the Co-operative Canteen alleged to have been maintained by the Petitioner Sugar mills in accordance to the statutory compliance of section 46 of the Factories Act.

(3.) AGGRIEVED by the order, the workmen preferred an Appeal before the 1st Respondent, which was taken on file as P.G.A.Nos.73 - 87 of 2005 and 98 and 99 of 2005. The 1st Respondent has gone through the evidence adduced before the Trial Authority and on perusing all relevant records placed before him and the order of Controlling Authority has come to a definite finding that all these facts were true and the canteen was under control of the sugar Mill. Based on this finding the 1st Respondent has allowed the Appeal and reversed the order of the 2nd Respondent.