Yogendra Kumar Srivastava, J. - (1.) Heard Sri Mritunjay Mohan Sahai, learned counsel for the petitioner and Sri Surendra Nath Dubey, learned counsel appearing on behalf of respondent no.4.
(2.) The present petition seeks to challenge the order dated 16.07.2016 passed by the Controlling Authority under the Payment of Gratuity Act, 1972/Assistant Labour Commissioner, U.P., Kanpur in P.G. Case No.105 of 2014 and also the order dated 20.01.2017 passed by the Appellate Authority under the Payment of Gratuity Act, 1972/Deputy Labour Commissioner, U.P., Kanpur whereby the appeal filed there against has been rejected.
(3.) The factual background of the case as reflected from the records indicates that an industrial dispute was raised by the respondent-workman whereupon a reference was made under Section 4K of the U.P. Industrial Disputes Act, 1947 (The I.D. Act, 1947), registered as Adjudication Case No.34 of 1993, before the Presiding Officer, U.P., Kanpur. The question referred for adjudication was as follows:-;