THE MANAGEMENT OF KALEESWARAR MILLS, COIMBATORE Vs. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (THE DY. COMMISSIONER OF LABOUR), COIMBATORE,

JUDGEMENT

(1.) AGGRIEVED by the order of the Appellate Authority under Payment of Gratuity Act (Deputy Commissioner of Labour), Coimbatore/first respondent herein in A. G. A. Case No. 88/79 dated 31 -10 -1979 confirming the order of the Controlling Authority in granting gratuity to the workers for the period from December, 1970 to March, 1972, the Management of Kaleeswarar Mills, Coimbatore has preferred the above writ petition.

(2.) THE case of the petitioner is briefly stated hereunder:

(3.) EVEN at the outset, Mr. Sanjay Mohan, by relying on a Division Bench decision of this Court in The Management of Kaleeswarar Mills, Coimbatore -9 v. The Appellate Authority under the Payment of Gratuity Act, 1972 (W.P.Nos. 10304 of 1983 etc., batch dated 20 -9 -1989), would contend that in the absence of employer -employee relationship in the petitioner mills, the employees cannot be granted gratuity and prayed for similar order as passed by the Division Bench. On the other hand, Mr. N.G.R. Prasad, learned counsel for the workmen, contended that it was not a closure within the meaning of Section 2(cc) of the Industrial Disputes Act and both the authorities have correctly issued direction to the Management for payment of gratuity during the period of closure.