NABARUN CHITRAMANDIR Vs. LEARNED CERTIFICATE OFFICER

JUDGEMENT

(1.) The petitioner in this writ petition dated February 4, 2002 is seeking a mandamus commanding the respondents to forbear from taking any step or further step according to the direction of the Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Labour Commissioner, Durgapur dated November 9, 2001 and the notice of the Certificate Officer, Durgapur dated November 27, 2001.

(2.) Though in the prayer reference has been made only to two things dated November 9, 2001 and November 27, 2001 respectively, as a matter of fact, the petitioner is challenging as many as fifteen requisitions for certificate all dated November 9, 2001 issued by the controlling authority, and fifteen notices to certificate debtor all dated November 27, 2001 issued by the certificate officer.

(3.) The controlling authority issued the requisitions for certificate dated November 9, 2001 under Section 8 of the Payment of Gratuity Act, 1972. The third to eighteenth respondents filed separate applications all dated June 18, 1998 under Section 7 of the Payment of Gratuity Act, 1972. They claimed that as former employees of the petitioner they were entitled to gratuity in terms of the provisions of Section 4 of the Act. They alleged that the petitioner did not pay them gratuity.