SUPERINTENDING ENGINEER, PURCHASE & ADMINISTRATION, METTUR THERMAL POWER STATION Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

JUDGEMENT

(1.) The writ on hand is filed to quash the order dated 19.06.2006 passed in AGA No.226 of 2004.

(2.) The writ petition is filed by the Superintending Engineer, mainly on the ground that the provisions of the Payment of Gratuity Act is not applicable for the employees of the Establishment.

(3.) It is contended that the 1st respondent had erroneously proceeded with the matter without deciding the preliminary issue regarding the maintainability of the petition under the provisions of the Gratuity Act. The applicability of the provisions of the Act was considered by this Court in W.P.No.32774 of 2018 dated 13.09.2019 and it is found that the writ petitioner Board was exempted in respect of the employees working in the Tamil Nadu Electricity Board. In view of the exemption already granted and further, the payment of gratuity regulated with reference to the rules in force in the Board, the 1st respondent has committed an error in entertaining the petition under the General Act. The relevant paragraph of the judgment is extracted hereunder: