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2007 Supreme(Ker) 47

S.SIRI JAGAN
M. P. Thressiamma, Trichur – Appellant
Versus
Appellate authority Under the payment of Gratuity Act, (Regional Joint Labour Commissioner), Ernakulam – Respondent


Judgment :-

The petitioners are employees working under the third respondent company. The company is engaged in the business of processing fruits and vegetables. The petitioners retired from service after 29 and 31 years respectively. At the time of retirement, they were paid gratuity at the rate of 7 days’ wages for every completed year of service. The petitioners filed application before the Controlling Authority under the Payment of Gratuity Act seeking balance of the gratuity payable at the rate of 15 days’ wages per completed year of service. The third respondent took the contention that the factory of the third respondent is a seasonal establishment and therefore the rate of gratuity payable is only 7 days’ wages per completed year of service. This argument found favour with the controlling Authority who calculated the gratuity at the rate of 7 days’ per completed year of service but found that the gratuity paid to petitioners was short by Rs.2416/- and Rs.268/- respectively and directed the third respondent to pay that amount. The order of the Controlling Authority is Ext.P1. The petitioners herein filed appeals before the appellate authority, who by Ext.P2 common order, dis




































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