( 1 ) THIS writ petition was filed by the Food Corporation of India (for short 'fci') challenging the order dated 31st December, 2004 passed by the Assistant Labour Commissioner (Central) Kolkata II and the controlling Authority (for short 'the controlling authority') under the payment of Gratuity Act, 1972 (for short 'the Act') directing payment of gratuity to the respondent No. 2 ('the said respondent' for short), the employee, under the Act on the following grounds as stated in the writ petition:

"i) For that the Assistant Labour Commissioner-II (Central) was wrong in passing the order dated 31. 12. 2004 directing the petitioner to pay further amount of Rs. 1,15,024. 55 paise towards, gratuity to the respondent No. 2. "

II) For that the Assistant Labour Commissioner-Ill (Central) while passing the order dated 31. 12. 2004 in connection with Misc. Case No. 48/ 71/2003-ALC-II did not take into consideration at all that the respondent no. 2 did not comply with the statutory obligation as such he cannot claim the benefit of continuity service in Food Corporation of India even after coming on deputation from the service of Government of West bengal to FCI.

III) For t