FILMISTAN EXHIBITORS LTD Vs. N C T DELHI

JUDGEMENT

(1.) By this writ petition the petitioner has impugned an order dated 4th September, 2001 passed by the Controller under the Payment of Gratuity Act, 1972 and the order dated 30th June, 2004 passed by the Appellate Authority confirming the same.

(2.) Shri Vijay Kumar Churiwala (respondent No. 2 herein) filed a claim against M/s. Filmistan Exhibitors Ltd., petitioner before this Court under the Payment of Gratuity Act, 1972 alleging that he was employed with the petitioner since December, 1963 and he worked continuously till 30th October, 2000. He claimed that on this date, the petitioner refused duty to him and thereby his services were terminated after a continuous employment of nearly 37 years. As the petitioner refused to pay gratuity amount payable to the respondent No. 2 under the Payment of Gratuity Act, 1972, he served a notice dated 25th January, 2001 by registered post as well as under postal certificate. The petitioner did not deny the assertions made in the notice by any reply, yet failed to comply with the notice demand. In these circumstances, the respondent No. 2 claims to have sent an application for payment of the gratuity on 23rd February, 2001 which was also duly served upon the petitioner. There was no denial by any reply on behalf of the petitioner to this application as well. As the petitioner failed to comply with the demand made by the respondent No. 2, the respondent filed an application under Section 7 of the Payment of Gratuity Act, 1972 before the Controlling Authority on 23rd March, 2001. The material averments in this application were to the following effect:

(3.) In its reply, the petitioner now challenges the applicability of the Payment of Gratuity Act, 1972 alleging that less than 10 employees were engaged by the petitioner. No date of employment of the respondent No. 2 was mentioned. It was further claimed that as respondent No. 2 had abandoned his job, therefore he was not entitled to payment of any gratuity.