SOUMEN SEN, J. - (1.) THE subject -matter of challenge in this writ petition are three several orders, namely, order dated 31st May, 2011, 25th April, 2012 and 4th October, 2012 passed by the respondent no.4 respectively.
(2.) ALL the aforesaid orders were passed in a proceeding initiated by the respondent no. 6 for recovery of his gratuity under the Payment of Gratuity Act. Shorn of all facts, the facts relevant to the issue are stated hereinafter. The petitioner, the petitioner took over the running and operation of M/s. Hooghly Mills Co. Ltd. from the erstwhile owners in terms of an agreement dated 21st June, 2007. The petitioner alleged that the petitioner was not aware of the service conditions and/or employment related issues of the Indian Jute Mills Unit of M/s. Hooghly Mills Co. Ltd. It was during the course of the proceeding arising out of the claim for recovery of gratuity, the petitioner became aware that the private respondent no. 6 was an employee of M/s. Hooghly Mills Co. Ltd. and had joined service in the said mill on 1st December, 1964 as a badli workman and did not render continuous service in any year until 1978. The respondent no. 6 had rendered continuous service on and from 2nd July, 1978 and on attaining the age of superanuation on 1st July, 2005 he retired from service. The respondent No.6 according to the writ petitioner is, therefore, entitled for 27 years of gratuity amounting to Rs.70,170.07 on the basis of his average last drawn wages of Rs.173.26. However, the respondent No.6 it is alleged in this Form "N" application incorrectly stated that he had rendered continuous service for 41 years on and from 1st December, 1964 to 1st July, 2005. The respondent No.6, according to the petitioner, however, has failed to discharge his obligation to prove that such continuation of service without break for 240 days in each year so as to claim gratuity by him.
(3.) ON 5th November, 2005, the respondent no. 6 filed an application before the controlling authority under the Payment of Gratuity Act, 1972 under sub -rule (1) of Rule 10 of the West Bengal Payments of Gratuity Rules, 1973 claiming gratuity from the year 1964 till 2005 on the basis of last drawn wages as Rs. 192.81.;