LAWS(MAD)-2018-3-1005

THIRUCHIRAPPALLI CITY CO Vs. APPELLATE AUTHORITY (GRATUITY)

Decided On March 07, 2018
Thiruchirappalli City Co Appellant
V/S
Appellate Authority (Gratuity) Respondents

JUDGEMENT

(1.) Heard Mr.R.Subramanian, learned Counsel appearing for the appellant society, Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for respondents 1 and 2, Mr.S.Arunachalam, learned Counsel appearing for the third respondent and Mr.G.Prabhu Rajadurai, learned Counsel appearing for respondents 4 and 5.

(2.) This appeal is directed against the order in W.P.(MD)No.8578 of 2011 dated 22.08.2013 filed by the Appellant Co-operative Society, challenging the order passed by the first respondent dated 21.03.2011 in P.G.Appeal No.319 of 2010. The said appeal was preferred by the appellant herein challenging the order passed by the second respondent in P.G.Case No.39 of 2006 dated 01.04.2010. The said petition was filed by the third respondent herein, claiming gratuity. The case was heard by the controlling authority and by the said order dated 01.04.2010, it was held that the third respondent is entitled to gratuity.

(3.) The appellant herein preferred appeal before the first respondent, who had confirmed the same, by order, dated 21.03.2011. Challenging the said order, the appellant preferred writ petition in W.P.(MD)No.8578 of 2011. In the writ petition, for the first time, the respondents 4 and 5 were impleaded. They are the Regional Manager and Senior Manager of Life Insurance Corporation of India. Before the writ Court, the appellant contested the jurisdiction of the payment of gratuity authority to adjudicate the third respondent's claim. This argument was negatived and that is how, the appellant Society is before us, by way of this appeal.