CHAIRMAN-CUM-MANAGING DIRECTOR FERTILIZER CORPORATION OF INDIA LIMITED Vs. REGIONAL LABOUR COMMISSIONER CENTRAL AND APPELLATE AUTHORITY

JUDGEMENT

(1.) Common questions of law and facts are involved in all these writ petitions and they are, therefore, being decided by this common judgment. Writ Petition No. 36892 of 2004 is treated as leading case.

(2.) Writ petition No. 36892 of 20044 has been filed for quashing the order dated 30.6.2004 passed by the respondent No. 1- Regional Labour Commissioner (Central) Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17 of the Payment of Gratuity (Central) Rules issued by the Controlling authority/the Assistant Labour commissioner (Central), Allahabad- respondent No. 2. BRIEF FACTS OF THE CASE

(3.) Briefly stated, facts of the case are that Fertilizer Corporation of India Limited is a multi-unit Public Sector Undertaking. Of its 5 units, one is situate at Gorakhpur. An advertisement No. 35/89 was published in newspaper by the petitioners- the Fertilizer Corporation of India Ltd., Gorakhpur Unit, Gorakhpur (hereinafter referred to as 'the Corporation'). The relevant extract of conditions for training, eligibility etc., relevant for the purpose of deciding the controversy in the writ petition are quoted below for ready reference:"(