VIKRAMADITYA PRASAD, J. - (1.) HEARD both sides. At the very out set it is stated that the writ petition specially the synopsis portion was not properly drafted. Therefore, the court had to take recourse to the statements made in Annexure 3 to the writ petition, which are admitted by both the parties, to find out the relevant facts of this case. According to this fact, Shri Rajesh Pd. Singh Ex. Rigger working inside the premises of Heavy Engineering Corporation Limited (Hereinafter referred to as the H.E.C.) P.O. Dhurwa, Distt. Ranchi filed an application in form "N" under Sub -rule 1 of Rule 10 of the Payment of Gratuity (Central) Rules, 1972 on 12.1.2001 before the Controlling Authority -cum -Assistant Labour Commissioner (Central) Ranchi for determination and direction to the Chairman -cum -Man aging Director, M/s. H.E.C., Ranchi to pay his granting dues as per Payment of Gratuity Act, 1972. It transpires that the said Controlling Authority passed certain orders against that order this writ application has been filed before this Court.
(2.) THE main contention of the learned counsel for the respondent is that the writ petition is not maintainable as being premature. The learned counsel for the petitioner argued that the Controlling Authority went beyond hi? jurisdiction as he enquired into the matter and decided even the relationship in between the employers and workers.
(3.) CERTAIN definition of Sections of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter called as the Act) are necessary to be quoted here for just decision of the case. As per Section 1(4) it applies : (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the proceeding as contract labour (b) to every contractor who employs or who employed on any day of the proceeding twelve months twenty workmen or more workmen. As per Section 2(g) "principal employer" means : (i) in relation to any office or department of the Government or a local authority the head of that officer or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any person responsible for the supervision and control of the establishment Section 1(b) : a workman shall be deemed to be employed as "contract labour" in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor with or without knowledge of the principal employer; Section 2(c) : defines the employees "completed service" means continuous service as defined in Section 2 -A.;