- (1.)THE petitioners, the Bombay Gas Public Limited Company, challenge in this writ petition an order dated 4th November, 1987 passed by the Controlling Authority under the Payment of gratuity Act, 1972, granting to the 1st respondent gratuity with interest as set out in that order.
(2.)THE 1st respondent joined the services of the petitioner is June 1950. He worked as a fitter upto 29th July, 1981 when the employees of the petitioners went on a flash strike. This strike was declared as an illegal strike under Section 25, subsection (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 by the Labour Court under its order dated 24th August 1981. Thereafter the Company has not carried on any business. It declared a closure on 26th December, 1983. The dispute in connection with the closure is still pending in Court.
(3.)ACCORDING to the 1st respondent he attained the age of superannuation on 17th March 1987. He filed on application on 8th April 1987 for payment of gratuity under Section 4 of the Payment of Gratuity Act, 1972. This application was resisted by the petitioners on the ground that the application was not signed by the applicant - workman and that as the applicant participated in an illegal strike which commenced on 29th July, 1981, as a result of which the Company suffered heavy losses, the applicant was not entitled to any payment of gratuity. The company also challenged the amount of the last drawn wage of the petitioner, which, the company said was Rs. 34. 27 and not Rs. 34. 50. The petitioners also contended that as the closure had been declared from 26th December 1983 there was no question of paying any gratuity for the period after the closure.