K.M.Thaker, J. - (1.) Heard Mr. Dave, learned advocate for the petitioner and Ms. Vinita S. Vinayak, learned advocate for the respondent.
(2.) In present petition the petitioner who was claimant before the controlling authority has challenged order dated 28.3.2011 passed by the appellate authority in Gratuity Appeal No. 9 of 2010 whereby the appeal filed by present appellant (against order passed by controlling authority) came to be rejected by the appellate authority.
(3.) So far as factual background is concerned, the petitioner has averred and stated that:- 2.1 By way of present petition, the petitioner seeks to challenge absolutely illegal and unjust order dated 28th March, 2011 passed by the learned Appellate Authority under the Payment of Gratuity Act in Appeal No.19 of 2010 whereby the appeal preferred by the respondent No.1 came to be allowed and the order of the learned Controlling Authority under the Payment of Gratuity Act came to be set aside. 2.2 It is submitted that the petitioner was Serving as weaver with the respondent No.1 with effect from January, 1993. The petitioner was drawing salary of Rs.4,106/- Per month. Since the petitioner came to be terminated (retrenched) with effect from 19th December, 2008 after putting up 16 years of continuous service without making payment of any amount of gratuity, the petitioner approached the respondent No.1 requesting to release gratuity. Before the learned Controlling Authority the respondent No.1 appeared and filed its reply. It is submitted that so as to harass the petitioner the respondent No.1 demanded absolutely illegal documents, viz. copy of income tax returns. However, the said application of the respondent No.1 came to be rejected. The respondent No.1 was not given documentary evidence such as Wage Slip, Presence Card, etc., and therefore, the petitioner filed application demanding production of Wage Register. and Presence Register from respondent No.1 with effect from 1993 to 1999 and from April, 2006 to December, 2008. However, the respondent No.1 filed affidavit that said documents are not available. 2.3 After hearing both the parties, the learned Controlling Authority came to the conclusion that respondent No.1 had entered into paper arrangement and the contract was given to the father of the petitioner in the name of the petitioner. It has also been recorded by the learned Controlling Authority that it is not believable that petitioner was contractor. It is the case of the respondent No.1 that petitioner was not serving as workman, but he was contractor with respondent No.1. It is also further held by the learned Controlling Authority that if at all the petitioner was contractor in the respondent No.1 establishment keeping 25 workers, then it is not possible that petitioner will leave the contract and will join services of respondent No.1 as Weaver from 1st May, 2007 to 31st December, 2008 as is admitted by the Company. Thus, on the cogent reasons and findings the learned Controlling Authority allowed 'the Gratuity Application of the petitioner and directed the respondent No.1 to make payment of Rs.38,400/ with 10% interest. 2.4 Being aggrieved by and dissatisfied wit the said order passed by the learned Controlling Authority, the respondent No.1 filed appeal being Appeal No. 19 of 2010 before the learned Appellate Authority under the Payment of Gratuity Act. It is submitted that the petitioner was not informed with regard to filing of Appeal and the petitioner was not aware with regard to filing of Appeal. It is submitted that no notice of Appeal was given to the petitioner and/or his union and the Appeal came to be allowed ex-parte. It is submitted that thus, the petitioner was not aware about passing of order, however, recently when the petitioner inquired as to why the amount of gratuity is not given to him in the office of the Controlling Authority, the petitioner came to know that Appeal of respondent No.1 is allowed by the learned Appellate Authority and even the respondent No.1 has withdrawn the amount of gratuity deposited with the learned Controlling Authority.";