HINDUSTAN LEVER LIMITED BOMBAY Vs. KASARGOD DEVIDAS RAO

JUDGEMENT

(1.) THE present writ petition is preferred against the order dated 30th of October, 1982, passed in Appeal No. 13 of 1982 by the Regional Labour Commissioner (Central) Bombay and Appellate Authority for Maharashtra, Goa, Daman and Diu under the payment of Gratuity Act, 1972 (hereinafter referred to for the sake of brevity the Appellate Authority) confirming the decision of the Controlling Authority and Assistant Labour Commissioner (Central) II Bombay, dated 31st March, 1982, in Application No. B. ALC-II/36 (6)/81. Few facts germane to this petition are as under:

(2.) THE petitioner is a public limited company incorporated under the Companies Act. The petitioner-company has establishment in Bombay. It is specifically contended by the petitioner company that its establishment at Bombay is covered by the provisions of Shops and Establishment Act, 1948, and registered as a Commercial Establishment thereunder. The petitioner further contended that the Bombay Establishment of the petitioner has on branches in any other State Respondent No. 1 was in the employment of the petitioner as its aforesaid Bombay establishment since 1942 and retired on 1st October, 1980, after completing 38 years of service. respondent No. 1 was paid towards his gratuity dues Rs. 11, 960. 00.

(3.) THEREAFTER, by his letter dated 16th of March, 1981, respondent No. 1 demand Rs. 22,600. 00 as gratuity and requested the company to pay the aforesaid amount after deducting the earlier payment of Rs. 11,960. 00 made towards his gratuity. On 4th of May, 1981, respondent No. 1 filled in Form No. 1 under Rule 7 (1) of the Payment of Gratuity (Maharashtra) Rules, 1972, wherein he claimed Rs. 1,750. 00 as difference in the gratuity which he was entitled to get after deducting the amount already paid to him by the petitioner company. The petitioner company filed its reply to the said form on 14th May, 1981, wherein the petitioner company admitted a claim of Rs. 720. 00 due to him over and above the payment of the amount of Rs. 11,90. 00 already paid to him by the petitioner-company. On 11th of June, 1981, respondent No. 1 applied in Form N under Rule 10 (1) to the Controlling Authority of the State of Maharashtra in which he based his claim as calculated in Form No. 1 dated 4th of May, 1981. The petitioner company challenged the contentions of respondent No. 1 by its written statement dated 24th of August, 1981.