LAWS(BOM)-2004-9-171

MALAN MAROTI GAJBHE Vs. SUB AREA MANAGER

Decided On September 09, 2004
MALAN (SOU) BALASAHEB GAWADE ALIAS DESHMUKH Appellant
V/S
SUB AREA MANAGER, WESTERN COALFIELDS LTD. Respondents

JUDGEMENT

(1.) RULE made returnable forthwith. Heard by consent of the parties.

(2.) BY this petition the petitioner has challenged the order dated 18-07-2003 passed by the Regional Labour Commissioner and appellate Authority under the Payment of gratuity Act i. e. respondent No. 2 in p. G. Appeal No. N/48 (8)/2003 quashing and setting aside the earlier order dated 17th february, 2003 delivered by the Controllin'g authority under the Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central) Chandrapur.

(3.) THE Assistant Labour commissioner, Chandrapur was approached by the present petitioner claiming gratuity due to deceased Maroti Gajbhe claiming that maroti Gajbhe was her husband and he expired after putting near about 17 years of service. The present respondent No. 4 Smt. Rekha was applicant No. 2 in those proceedings as she also claims to be the legally wedded wife of Late maroti Gajbhe and claimed the very same amount from the respondent No. 1.