( 1 ) (JUDGMENT of the Bench was delivered by ) 1. The respondent No. 3 who was working under the petitioner the Suryapet Co-operative Marketing society Ltd. , as a Store. keeper submitted his resignation on 21-11-1969 for some domestic reasons, and handed over charge of his post on 9-1-1970. As the chargelist prepared by him was improper, he prepared and submitted another charge list on 26-3-1970 On a security of the charge-list it was found that the respondent No 3 had not acrounted ior stocks of the value of Rs. 533-32 Ps. At the instance of respondent No. 3, the 2nd respondent the Assistant Inspector of Labour, addressed two letters to the petitioner-Society asking it to pay the provident fund, gratuity and other benefits to respondent No 3. The petitioner sent a reply to the effect that, after settlement of the accounts if anything was due in law, it will be paid to respondent No 3.

( 2 ) IN the meanwhile, respondent No. 3 through respondent No. 2 filed O. P. No. 17 of 1070 in the court of the Munsif Magistrate, suryapet, under section 43 of the Andhra Pradesh Shops and Establishments act, 1966 (hereinafter called "the Act") claiming (1) service gratuity under Se