RAMSARUP INDUSTRIES LTD. Vs. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 & ORS.
LAWS(CAL)-2016-12-55
HIGH COURT OF CALCUTTA
Decided on December 05,2016

RAMSARUP INDUSTRIES LTD. Appellant
VERSUS
Controlling Authority Under The Payment Of Gratuity Act, 1972 And Ors. Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.) In this application, Sri Jayanta Dasgupta, learned senior Counsel, appears for the writ petitioner with Sri Uddipan Banerjee, learned Counsel.
(2.) On behalf of the respondent no.3, Sri Siddhartha Sarkar, learned Advocate appears. Pursuant to the order of this Court dated 16th November, 2016, Sri Victor Chatterjee, learned Advocate appears to assist this Court.
(3.) Sri Dasgupta raises the fundamental point that the Controlling Authority by the order impugned dated 18th August, 2014 failed to consider whether the petitioner was the employer of the respondent no.3. Sri Dasgupta submits that the definition of employee/workman is different in the Payment of Gratuity Act, 1972 as compared to the Employees' Provident Fund & Miscellaneous Act, 1952 as well as the Employees' State Insurance Act, 1948 (for short the 1952 and the 1948 Acts respectively).;


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