JUDGMENT :

Heard Sri V. Padmanabharao, learned counsel, representing Sri Suragani Vijaya Kumar, learned counsel for the petitioner. None appeared for the 2nd and the 3rd respondents to argue the matter.

2. The District Cooperative Central Bank Limited, West Godavari District at Eluru has filed this writ petition under Article 226 of the Constitution of India for issue of a writ more particularly in the nature of writ of certiorari calling for the records in P.G.Case No.1 of 2003 on the file of the 1st respondent-the Controlling Authority under Payment of Gratuity Act, 1972 (in short ‘the Act 1972’) and Assistant Commissioner of Labour, Eluru, West Godavari District (in short ‘the Controlling Authority’) and quash the order dated 31.03.2011 to the extent the petitioner has also been held liable to pay the gratuity of Rs.1,08,758/-to the 2nd respondent-Sri S.V.N. Ramachandra Rao jointly with 3rd respondent-the Primary Agricultural Cooperative Society Limited, the petitioner not being the employer and the 2nd respondent not being its employee.

3. The 2nd respondent/the applicant in P.G.Case No.1 of 2003, initially filed the application on 18.12.2001 against the 3rd respondent for payment