The petitioner company has filed this writ petition before this Court challenging the order passed by the appellate authority under the Payment of Gratuity Act, 1972 whereby the said appellate authority refused to interfere with the decision of the controlling authority in respect of the application of the respondent No. 4.

2. The said controlling authority while deciding the application of the respondent No. 4 filed under Rule 10 of the West Bengal Payment of Gratuity Rules, 1973 came to the finding that the respondent No. 4 as an employee of the petitioner company is entitled to the payment of gratuity amount under the Payment of Gratuity Act, 1972 and therefore, the said controlling authority directed the petitioner company herein to make payment of the said gratuity amount.

3. The appellate authority after hearing the submissions of the respective parties and considering the evidence on record refused to interfere with the aforesaid decision of the controlling authority. The petitioner company thereafter, filed this writ petition on the ground that the respondent No. 4 was never an employee under the petitioner company within the meaning of Section 2(e) of the Payment of