TEXMACO LTD Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated May 17, 2000 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the appellant herein questioning an order passed by the appellate authority affirming the order of the controlling authority under the Payment of Gratuity Act, 1972 (hereinafter called and referred to for the sake of brevity as the said Act) was dismissed.

(2.) The basic fact of the matter is not in dispute. The respondent No. 3 herein was an employee of Oriental Machinery and Civil Construction Limited (hereinafter referred to as OMCC). The said establishment having regard to certain labour disputes declared a lock-out in October, 1978. A closure was declared in relation to the said industry with effect from January 1, 1979. Negotiations were held by and between the management of the said OMCC and the appellant herein at the instance of the West Bengal for transfer of the said industry, pursuant to or in furtherance whereof, the appellant took over the said industry on or about March 3, 1983. On the same date i.e. March 3, 1978 a tripartite agreement was executed by and between the petitioner herein, the OMCC and all the workmen of the erstwhile undertaking represented by a registered Trade Union known as Oriental Electric & Engineering Company Workers Union.

(3.) Allegedly the aforementioned tripartite agreement was executed at the intervention of the Labour Commissioner, Government of West Bengal. Pursuant to or in furtherence of the said tripartite agreement the petitioner herein agreed to offer fresh employment to the permanent workmen of OMCC who were on its role on the date of closure. As regard the liability of payment of gratuity to the concerned workmen it was agreed that such liability till the date of closure notice would be taken over by the petitioner, the amount in relation whereto, however, would be payable to the concerned workmen as and when they reach the age of superannuation together with the amount of gratuity which would become due and payable by the petitioner herein for their fresh employment.