SHARMA, J. - (1.) BY way of this writ petition the petitioner has prayed that the impugned order dated 7. 7. 1999 passed by the respondent No. 2 is quashed and set aside. It is also prayed that the order dated 31. 12. 1998 of the Controlling Authority may kindly be ordered to be restored and further an interest @ 18% per annum may also kindly be awarded to him and prayer for any other order or direction which may be deemed fit in favour of the petitioner.
(2.) THE case as set up by the petitioner in short is that he was employed by the management of respondent No. 1 (Ajmer Mineral and Grinding Corporation) in the year 1954. He continuously working till 11. 6. 1997. On 12. 6. 1997 when he was going to attend his job he got in- disposed hence an intimation to this effect was sent to the employer on 12. 11. 1997. At that time, he was drawing a sum of Rs. 1150/- per month. On 15. 12. 1997 he was informed by Shri Manoj Kumar Doshi, that his resignation has been accepted. Thereafter, he submitted an application for making the payment of his gratuity but he did not receive any response on the said of the respondent. The petitioner filed an application claiming the gratuity amount of Rs. 27,865. 38 before the Controlling Authority under the payment of Gratuity Act, 1972 Ajmer on 4. 1. 1998. The respondent No. 1 filed the reply to the application preferred by the petitioner and pleaded that the petitioner is not entitled to claim any gratuity amount as the provisions of Gratuity Act do not apply on the respondent concern, as at no point of time 10 or more than 10 persons have been employed. The petitioner filed his affidavit and he was cross-examined at length by the respondent-employer. He has also filed the affidavit of one Bhanwar Lal.
(3.) THE learned Controlling Authority under the payment of Gratuity Act, after perusing the material on record held that the respondent concern was established in the year 1953 whereby the provident fund deductions were made and after considering the other evidence which is available on record it has been ordered that within 30 days the payment be made under intimation to this his Office. Thereafter the respondent No. 1 filed an appeal under Section 7 (7) of the Payment of Gratuity Act, 1972 before the appellate authority (Labour Commissioner-cum-Special Secretary) against the order dated 31. 12. 1998. The learned appellate authority accepted the appeal mainly on the ground that the respondent workman has not been able to produce any document showing his appointment in the year 1954 and the non-production of the record does not give rise to the presumption adverse to the employer. Ultimately, on 7. 7. 1999 the appellate authority accepted the appeal of the respondent No. 1 and set aside the order dated 31. 12. 1998 passed by the learned Controlling Authority. Against this order the present writ petition has been preferred by the petitioner. ;