JAMMU & KASHMIR CEMENTS LTD. Vs. CONTROLLING AUTHORITY

JUDGEMENT

(1.) Claimants-respondent No. 2 in all the writ petitions were the employees of petitioner-company and on reaching the age of superannuation were paid the service benefits. Claimants-respondent No. 2 in all the petitions questioned the payment of gratuity and filed different claim petitions in terms of the provisions of Payment of Gratuity Act, 1972 (for short, Act) before the Controlling Authority, District Srinagar under the Act.

(2.) Employer, writ petitioner herein, filed objections and resisted the claim petitions, came to be allowed vide the impugned orders. Feeling aggrieved the employer-writ petitioner herein has questioned all the said orders by the medium of present writ petitions on the ground that claimants-respondent No. 2 in all the petitions are not falling within the meaning of 'employee' as defined in the Act.

(3.) In support of the writ petitions, Mr. Khawja addressed only one argument that the impugned orders passed by the Controlling Authority-respondent No. 1 herein are without jurisdiction for the reason that claimants-respondent No. 2 herein are not falling within the definition of 'employee' as given in the Act. He has not questioned the impugned orders on any other ground.