JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant writ petition under Article 226 of the Constitution of India is preferred to assail an Order dated 12.11.2012 passed in Application No. PG/48(01)/2012-G/A by the Assistant Labour Commissioner (Central), Ministry of Labour, Government of India, Guwahati as the Controlling Authority under the Payment of Gratuity Act, 1972. In the Order dated 12.11.2012 passed in Application no. PG/48(01)/2012-G/A, the Controlling Authority has held that the applicant therein i.e. the respondent no. 2 herein is entitled to get gratuity and by holding so, has directed the opposite party therein i.e. the writ petitioner herein to pay an amount of Rs. 68,250/- to the respondent no. 2-applicant as gratuity (Rs. 63,000/-) plus interest (Rs. 5,250/-) within a period of 30 (thirty) days from the date of receipt of the order/direction. Copies of the order/direction dated 12.11.2012 were forwarded to the parties by the office of the Assistant Labour Commissioner (Central), Guwahati vide a Communication bearing no. PG/48(01)/2012-G/A dated 14.11.2012.

2. The proceedings of Application No. PG/48(01)/2012-G/A was initiated by the Assistant Labour Commissioner (Central), Guwahati, Ministry of Labour, Government of India as the Controlling Authority appointed under Section 3 of the Payment of Gratuity Act, 1972, on submission of an application dated 31.08.2012 in Form ‘N’ by the respondent no. 2-applicant under Rule 10(1)(i) of the Payment of Gratuity Rules, 1972 before the Controlling Authority. In the application submitted in Form ‘N’ the applicant mentioned that he was an employee under the employer, ‘the Agriculture and Processed Food Products Exports Development Authority’ (the writ petitioner) at its Guwahati Office from 06.10.1998 till 31.12.2011. The applicant in his application, had mentioned that he was terminated by the Management of the Agriculture and Processed Food Products Exports Development Authority after rendering services under the employer for a period of 13 years 3 months. Contending that he is entitled to be paid gratuity under the Payment of Gratuity Act, 1972, the applicant made a claim for gratuity for a sum of Rs. 63,000/- in the said application.

3. It may be stated that prior to submission of the application before the Assistant Labour Commissioner (Central), Guwahati, the respondent no. 2-applicant submitted an application before the employer, that is, the Agriculture and Processed Food Products Exports Development Authority (hereafter referred to as ‘the APFPEDA’ and/or ‘the employer’ at places, for the purpose of easy reference) claiming gratuity. It was thereafter the respondent no. 2-applicant filed the application in Form ‘N’ under Rule 10(1)(i) of the Payment of Gratuity Rules, 1972 before the Assistant Labour Commissioner (Central), Guwahati as the Controlling Authority (hereinafter referred to as ‘the Controlling Authority’ for easy reference) for issuing a direction under sub-section (4) of Section 7 of the Payment of Gratuity Act, 1972. On receipt of the application from the respondent no. 2-applicant in Form ‘N’ the Controlling Authority, as already mentioned above, registered the said application as Application No. PG/48(01)/2012-G/A for determination of a dispute under sub-section (4) of Section 7 of the Payment of Gratuity Act, 1972.

4. The Controlling Authority admitted/accepted the application for hearing, after condoning the delay in submission of the application on the ground that the Payment of Gratuity Act, 1972 being a social welfare legislation, is meant for working class people and for ends of justice and fairness. Notices in Form ‘O’ as required under sub-rule (1) of Rule 11 of the Payment of Gratuity (Central) Rules, 1972, were issued to the parties for their appearances before the Controlling Authority to decide the matter of dispute under Section 7(4) of the Payment of Gratuity Act, 1972. On receipt of notices, both the parties appeared before the Controlling Aut