CHHATTISGARH HOUSING BOARD Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

JUDGEMENT

(1.) BY this petition, the petitioner challenges the validity of the order dated 11/7/2007 (Annexure P/5) passed by the appellate Authority under the Payment of Gratuity Act, 1972 and deputy Labour Commissioner, Raipur, whereby the appeal filed by the petitioner against the order dated 6. 1. 2007 (Annexure P/4)passed by the respondent No. 2, was dismissed. The petitioner further challenges the validity of the order dated 6. 1. 2007 (Annexure P/4), whereby the petitioner was directed to consider 28 years of service of the respondent No. 3 for the purpose of calculation of gratuity.

(2.) THE brief facts, in nutshell, are that the respondent No. 3 was initially appointed in Chuna factory on 25. 11. 77. When the factory was closed on 21. 03. 1994, the employees, including the respondent No. 3 was taken over by the petitioner on 06. 01. 2001 with effect from 21. 03. 1994. The respondent No. 3 retired from service on 30. 04. 2005. The petitioner, after having calculated the service of the respondent No. 3 from 21. 03. 1994 to 30. 04. 2005, as 11 years, 1 month and 9 days, computed the gratuity amount to the tune of Rs. 20,000/- and paid the same.

(3.) BEING aggrieved, the respondent No. 3 preferred an application before the respondent No. 2 for consideration of his service with effect from 25. 11. 1977. The respondent No. 2, vide order dated 6. 1. 2007 (Annexure P/4) considered the service period from first date of appointment in Chuna Factory i. e. 25. 11. 77 till 30. 04. 2005, as 28 years and directed to compute the gratuity on the basis of service of 28 years and to make the payment accordingly. Being aggrieved, the petitioner preferred an appeal before the respondent No. 1. The respondent no. 1, by its order dated 11. 7. 2007 (Annexure P/5) confirmed the findings recorded by the respondent No. 2 and dismissed the appeal. Thus, this petition.