MANAGEMENT OF SRI SOWDESWARI INDUSTRIES, REP V GOVINDARAJU Vs. ASSISTANT COMMISSIONER OF LABOUR, COIMBATORE/ CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, 1972

JUDGEMENT

(1.) The order passed by the first respondent in G.A.No.6 of 2012 dated 2.7.2012 is under challenge in this writ petition.

(2.) The writ petitioner-management challenging the order passed by the authority under the provisions of the Gratuity Act in G.A.No.6 of 2012 dated 2.7.2012 contended that the petitioner-company is running an electrical switchboard manufacturing industry under the name and style of 'Sri Sowdeswari Industries' at Coimbatore, nearly about 3 to 5 workmen were employed in the petitioner-company. It is a small scale industry. It is contended that the third respondent-workman during the last week of February 1999 approached the petitioner-management and expressed her willingness to undergo training in the petitioner-industry. Accordingly, she was engaged as a Trainee (Electrical) with effect from 1.3.1999.

(3.) It is stated that the writ petitioner-industry could not able to run the business and accordingly closed down the industry with effect from 31.3.2011. On account of the financial crunch, the writ petitioner-industry was unable to survive and continue the business. Under these circumstances, the third respondent-workman approached the first respondent for the settlement of the gratuity amount under the provisions of the Payment of Gratuity Act, 1972. The writ petitioner-management, even after receipt of the notice from the first respondent-competent authority, had failed to appear before the adjudication proceedings. Accordingly, the competent authority/first respondent passed an order dated 2.7.2012 in Gratuity Application No.6 of 2012, the claim of the third respondent-workman was allowed.