1. All these petitions challenge the validity of the Kerala Industrial Employes' Payment of Gratuity Act, 1970, for short the Act which came into force on 18-2-1970. This Act replaced Ordinance 7 of 1969 which had come into operation on 10-1-69. The Act was superseded by the coming into force of the Payment of Gratuity Act, 1972 (hereinafter referred to as the Central Act) passed by Parliament and which came into force on 16-9-1972. S.14 of the Central Act specifically provides that the Central Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than the Central Act or in any instrument or contract having effect by virtue of any enactment other than that Act.

2. Before we proceed to deal with the contentions raised by counsel it is necessary to state the scheme provided by the Act. S.4 enjoins that "gratuity shall be payable to an employee -

(a) on his superannuation;

(b) on his retirement, resignation, retrenchment, discharge or dismissal from service after completion of a minimum period of five years of continuous service;

(c) on his death or total disablement due to accident or disease." The g