D.P.DESAI, B.J.DIVAN
AKBAR HUSSEIN GULAM HUSSEIN – Appellant
Versus
APPELLATE AUTHORITY FOR PAYMENT OF GRATUITY,ahmedabad – Respondent
( 1 ) THE first petitioner herein is the employee of the second respondent. The second respondent is the Managing Director of Shri Gandevi Sahkari Khand Udyog Mandali Ltd. Gandevi in Bulsar District. The second petitioner claims to be a trade union and according to the petitioner the second petitioner is the approved union for Gandevi Mahal for sugar industry under the Bombay Industrial Relations Act. The first petitioners service came to an end and the question arose of payment of gratuity under the provisions of The Payment of Gratuity Act 1972 The first petitioner had worked for a total period of 14 completed years with the sugar factory run by the Gandevi Sahkari Khand Udyog Mandali and according to the contentions urged before the Authority appointed under the Payment of Gratuity Act he was entitled to gratuity at the rate of seven days wages for each completed year of service whereas the workman contended that since he was a permanent workman working throughout the year for the Mandali he was entitled to gratuity at the rate of 15 days wages for each completed year of service. At the time when his services were terminated he was paid gratuity at the rate of 7 d
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