LAWS(APH)-2011-12-133

SECRETARY SIDDHARATHA ACADEMY Vs. APPELLATE AUTHORITY

Decided On December 28, 2011
SECRETARY SIDDHARATHA ACADEMY Appellant
V/S
APPELLATE AUTHORITY Respondents

JUDGEMENT

(1.) This writ petition is filed seeking issuance of a writ of Certiorari calling for the records pertaining to the order dt. 16.2.2000 in P.G.A. No. 6 of 1999 passed by the 1st respondent confirming the order dt. 17.7.1999 in PGC. No. 988 of 1998 of the 2nd respondent and quash the same as arbitrary, illegal and ultra vires of the Payment of Gratuity Act, 1972 and Rules. Heard Sri. C. Kodanda Ram, learned Counsel for the petitioners. There is no representation on behalf of the respondents consistently.

(2.) Brief facts essential for considering this writ petition are as follows:

(3.) Aggrieved by the order of the 2nd respondent, the petitioners preferred an appeal PGA. No. 6 of 1999 before the 1st respondent contending inter alia that the Payment of Gratuity Act and the Rules made thereunder do not apply to the case of the 3rd respondent and he is not entitled for any gratuity. However, the 1st respondent rejected the contention of the petitioners and by the order dt. 16.2.2000 dismissed the appeal confirming the order of the 2nd respondent. Questioning the validity of the order of the 1st respondent confirming the order of the 2nd respondent, the present writ petition is filed.