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2017 Supreme(Bom) 7

S.C.GUPTE
Cummins (I) Limited – Appellant
Versus
Industrial Cleaning Services – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.R.S. Pai, Senior Counsel with Mr.Anand Pai and Mr.A.K. Gopalan I/b. Haresh Mehta & Co.
For the Respondent: Mr.K.M. Naik, Senior Counsel I/b. Mr.S.P. Salkar with Ms.Priyanka Patil, Ms.Seema Sarnaik

JUDGMENT :

This petition filed under Article 226 of the Constitution of India challenges a common order and judgment dated 30 May 2003 passed on applications of individual workmen under Section 7 of the Payment of Gratuity Act, 1972 (“the Gratuity Act”). By the impugned order, the Controlling Authority under the Act directed the Petitioner herein (Opponent No.2 in the original applications) to pay the amount of gratuity in accordance with the determination of the Controlling Authority.

2 The facts of the Petitioner's case may be briefly stated as follows :

2.1 The Petitioner is an engineering company inter alia engaged in manufacture of diesel engines at its factory at Pune. Respondent No.1 is a partnership firm engaged in the business of providing ancillary services including cleaning and gardening, etc. to various companies in and around Pune.

2.2 The Petitioner had originally engaged one Dattatraya S. Vetal, who was running a proprietary firm in the name and style of “Industrial Cleaning Services” as a contractor for providing cleaning services at the former's factory at Pune.

2.3 This contract was terminated with effect from 31 December 1984. The cleaning services, however, were con






















































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