- (1.) IN these writ petitions, the petitioners have prayed for quashing the order passed by the Controlling Authority -cum -Assistant Labour Commissioner (Central), Dhanbad (Annexure -8) and also the order of the appellate authority(Annexure -9) under Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act').
(2.) BY the impugned orders, the said authorities refused to calculate the amount of gratuity, payable to the petitioners on the basis of the provisions applicable to the employees of M/s Bharat Coking Coal Limited. (M/s. BCCL for short). The petitioner No. 1 -Rameshwar Prasad Srivastava has challenged the impugned orders mainly on the ground that he was appointed in CMLWO under the Central Government on 29.7.1961 and thereafter by transfer to M/s. BCCL w.e.f. 1.10.1986 from where he was retired on attaining the age of superannuation on 31.5.2003. The claim of petitioner No. 2 Ram Chandra Ojha is also similar.
(3.) THE case of both the petitioners is that they have received the gratuity amount from CMLWO for the period they were under the service of CMLWO and they got gratuity amount from M/s. BCCL for the period after their transfer and joining M/s. BCCL.;