R.M. Borde, J.

Heard the respective counsel for the parties.

2. Rule. By consent rule is taken up for final hearing at the admission stage.

3. The petition presented by the employee raising inception to the order passed by Respondent No. 2 Additional Commissioner of Labour. Respondent No. 4 was in the employment of the Petitioner-institution for a period between 1963 to 2002. After attaining the age of superannuation, the employee presented an application to the Controlling Authority under the Payment of Gratuity Act, 1972 claiming disbursement of gratuity amount along with the interest. The application tendered by the employee was opposed on several grounds. It is contended that apart from the applicant-employee there are several employees in the employment of the Petitioner but the establishment did not employ more than ten employees at any point of time. It is also canvassed that the employer-establishment cannot be covered under the provisions of The Payment of Gratuity Act, 1972. It is specifically contended that the Petitioner herein is a society registered under the Societies Registration Act and it cannot be described as an establishment or commercial establishment w