( 1 ) THE petitioner invoked the jurisdiction of this Court under Art. 226 of the constitution of India for issuance of a Writ of Certiorari for calling the records and quash the order dt. 28-2-2000 made in PGA no. 5/1999 on the file of the first respondent by declaring as illegal, arbitrary and contrary to the provisions of the payment of Gratuity Act, 1972.

( 2 ) THE petitioner who worked as manager (Administration) of the third respondent-Company moved the second respondent for payment of gratuity under sec. 4 of the Payment of Gratuity Act (for short p. G. Act, 1972 ) by filing an application under Sec. 7 (4) of the P. G. Act 1972 r/w Rule 10 (1) of A. P. Payment of gratuity Rules. The second respondent by his order dt. 5-9-99 dismissed the application holding that he had no jurisdiction to entertain the application as the third respondent establishment is having offices in several States and advising the petitioner to file a claim petition before the Assistant Commissioner of Labour (Central ). Aggrieved by the same, the petitioner preferred an appeal before the first respondent in PGA No. 5/99. The first respondent by the impugned order dismissed the appeal