FOOD CORPORATION OF INDIA Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 AND REGIONAL LABOUR COMMISSIONER CENTRAL ASANSOL

JUDGEMENT

(1.) The above two writ petitions have been filed by the respective petitioner challenging an order passed by the Appellate Authority and Regional Labour Commissioner. The points of law involved in both the writ applications being identical, both the writ petitions are taken up together for hearing.

(2.) The principal question involved is whether the respondent No.3 who was an employee of the Government of West Bengal and was in deputation with the petitioner would be entitled for payment of gratuity taking into account his past service with the State of West Bengal before being absorbed in the regular service with the petitioner.

(3.) The respondent No.3 was sent on deputation by the Government of West Bengal to the petitioner and worked with the petitioner from 12th December, 1966 to 30th June, 1984 and thereafter on and from 1st of July, 1984 has been permanently absorbed with the petitioner in terms of a policy circular being No.21 of 1984. The respondent No.3 in accordance with the said circular tendered his unconditional resignation in respect of his employment with the State of West Bengal.