P.R.BORA,J. - (1.) By this Appeal, the Appellants have challenged the order passed by the learned single Judge of this Court in Writ Petition No. 637 of 2004. The said writ petition was filed by the Appellants (Original Petitioners), challenging the order passed by the Appellate Authority under the Payment of Gratuity Act , 1972 (hereinafter referred to as "the said Act" for the sake of brevity), whereby the Appellate Authority has rejected the Appeals filed by the present Appellants against the order passed by the Controlling Authority under the said Act.
(2.) Few facts which are relevant for the decision of the present Appeal, in brief, are thus : the Appellants were working in M/s. Sitaram Mills, the Unit of National Textile Corporation, North Maharashtra (for short, hereinafter referred to as "the said Mill"). The said Mill was nationalized in the year 1983. It is the contention of the present Appellants that each of them was in continuous service of the said M/s. Sitaram Mills at the time when it was nationalized. It is the further contention of the Appellants that after nationalization of the said Mill, the Appellants-workmen were forced to submit their resignation some time in the year 1990. According to the Appellants even after nationalization, they had worked in the said Mill up to the year 1990 continuously and as such they were entitled for the payment of the gratuity. Since the gratuity was not paid to the Appellants- workmen, they filed applications before the Controlling Authority, seeking directions against the employer for determining the amount of gratuity payable to the Appellants- workmen and accordingly, to pay the said amounts to the Appellants-workmen.
(3.) The applications so preferred by the Appellants- workmen were resisted by the Opponents-Respondents. In the reply filed by the Opponents, an objection was raised that the applications so filed by the appellants were barred by limitation and on that ground alone, the rejection of the applications was sought by the Opponents. Though the applications were sought to be rejected on the ground of limitation, the Opponents have admitted that the Appellants- workmen were entitled to receive gratuity from the National Textile Corporation for the period from 18.10.1983 till the date of their retirement. Further, though the amount of gratuity, as was claimed by the Appellants-workmen, was disputed by the Opponents, in each of the applications, certain amount was admitted by the Opponents to be payable to the respective workmen towards gratuity, subject to the deductions, if any.;