GOPI ENGINEERING WORKS Vs. JOINT COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUUITY ACT

JUDGEMENT

(1.) This Writ Petition has been filed for a writ of certiorari to call for the records on the files of the Second Respondent bearing P.G.N0.86 of 2003 dated 04.03.2004 and the consequential order of the First Respondent in PGA No.76/2004 dated 28.02.2005 and quash the same and all further proceedings pertaining thereto.

(2.) The salient facts relating to this Writ Petition are set out in this and the next paragraph. The Petitioner is a proprietary concern engaged in the manufacture of machines for use in the tannery business. According to the Petitioner, only seven or eight persons are employed at a given point of time in the Petitioner unit. The Third Respondent herein was engaged as a moulder. The Petitioner further states that the Third Respondent stopped coming to work on and from 31.07.2001 and at that point of time, the Third Respondent was drawing a monthly salary of Rs.3,200/-.

(3.) The Third Respondent claimed gratuity from the Petitioner after the lapse of about 15 months from the date when he quit the services of the Petitioner. According to the Petitioner, the Factories Act, 1948(the Factories Act) and the Tamil Nadu Shops and Establishments Act do not apply to the Petitioner because the Petitioner did not engage 10 or more persons at its factory. In connection with the claim for gratuity, the Third Respondent filed a petition before the Second Respondent and the said petition was allowed on 04.03.2004 whereby the Petitioner was directed to pay a sum of Rs.46,154/- to the Third Respondent. Aggrieved by the aforesaid order, the Petitioner filed P.G. Appeal No.76 of 2004 before the First Respondent. However, the First Respondent dismissed the appeal by Order dated 28.02.2005. The order of the First Respondent is the impugned order in this writ petition.