1. Rule. Rule made returnable forthwith. Heard by consent of the parties.

2. Admitted fact emerging from the petition is that the judgment and order dated 23/08/2011 passed by respondent No.1 Assistant Labour Commissioner and Controlling Authority under the Payment of Gratuity Act, 1972 (Hereinafter referred to as "Gratuity Act"), Latur in P.G.A.No.19/2010 has been challenged.

3. Short point that arises for my consideration is as to whether the provisions of Section 7(7) r/w. the proviso thereunder of the Gratuity Act can be by-passed to invoke the writ jurisdiction of this Court under Article 226 and 227 of The Constitution of India.

4. In early days, this scheme was introduced in those establishments only where the employers were so kind and generous to the workers or there was an agreement between the employers and the workers. This scheme was confined to the particular establishments and even within those establishments, to certain categories of staff. There was no general legislation for the payment of Gratuity to all industrial workers. In due course of time, it was felt that the workers should get gratuity as a right in return of their long dedicated services to t