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1980 Supreme(Ker) 318

V.B.ERADI, G.BALAGANGADHARAN NAIR
The Executive Engineer (Construction) Southern Railway Quilon – Appellant
Versus
M. P. Sankara Pillai – Respondent


JUDGMENT

Balakrishna Eradi, C.J.

1. Respondents Nos. 1 to 3 in OP. No. 4543 of 1976 -- The Executive Engineer (Construction), Southern Railway, Quilon. The Chief Engineer (Construction), Southern Railway, Madras and the Union of India represented by its General Manager, Southern Railway, Madras -- Have preferred this appeal against the judgment of a learned single Judge of this Court allowing O.P. No. 4543 of 1976 filed by the respondent herein and holding that the respondent is an employee entitled to the benefits of the Payment of Gratuity Act (hereinafter called the Act) and directing that on an application being filed by him under R.7 of the Payment of Gratuity (Central) Rules for payment of such gratuity, necessary action should be taken by the respondents in the Original Petition (appellants herein) to disburse the amounts due to the petitioner in accordance with the provisions of the Act and the Rules. The parties will hereafter be referred to on the basis of their ranking and array in the Original Petition.

2. The writ petitioner was admittedly working as a casual labourer under the Southern Railway Administration during the period from 29th April 1954 till 16th June 1975. Con














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