PHOENIX MILLS LTD Vs. BALASAHEB DAGDOO HINGE

JUDGEMENT

(1.) RESPONDENT no. 1 Baiasaheb Dagdoo Hinge, joined the services of the petitioner as badli-workman with effect from 27. 6. 1962. The respondent no. 1 was thereafter taken in regular service from 1. 9. 1971 and worked upto 17. 1. 1982.

(2.) IT is the contention of the petitioners herein that between 18. 1. 1982 and 25. 5. 1985 that the Respondent No. 1 did not report for duty. It is the further contention of the petitioners that the respondent No. 1 was taken as a fresh employee from 21. 5. 1985. It is the further case of the petitioners that the Respondent No. 1 on 25. 4. 1990 submitted a letter of resignation which was with retrospective affect from 17. 1. 1982. It is the further case of the petitioners that the said resignation was accepted and accordingly Respondent No. 1 was paid gratuity, in the year 1990 for the period from 1. 9. 1971 to 17. 1. 1982. It is the further case of the petitioners that as the Respondent No. 1 was taken as a fresh employee from 21. 5. 1985 and on account of his resignation, thereafter on 1. 4. 1993 be has also been paid his gratuity for the said period.

(3.) BY this petition the petitioners impugned the order dated 20. 11. 1995 passed by the appellate authority under the Payment of Gratuity Act, 1972. The appellate authority by the said judgment and order has held that the appellant was in continuous service and, therefore, was entitled to gratuity right from the period 17. 6. 1962 till the date of his resignation on 1. 4. 1993. The appellate authority by the said judgment reversed the order dated 11. 8. 1995 of the Controlling Authority under the Payment of Gratuity Act, 1972 and Judge, 3rd Labour Court at Bombay. By the said brder the authority under the Payment of Gratuity Act, had rejected the claim of the lst respondent preferred by his application under section 4 of the Payment of Gratuity Act, 1972. By the said application the Respondent No. 1 had claim the balance amount of gratuity to the tune of Rs. 26,709. 75 being the difference between the amount which he claimed as gratuity which was payable to him and the amount already paid to him by the petitioners.