C.K. Abdul Rehim, J.

1. Legal issue involved in this writ petition is as to whether a person undergoing training after appointment under an employer will fall within the excluded category under Section 2 (e) of the Payment of Gratuity Act, 1972. The petitioner company is challenging Ext.P4 order passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter for short 'the Act'). It is held in Ext.P4 that the 1st respondent is entitled for payment of gratuity during the period when he had undergone training. In an appeal filed by the petitioner company the said order was confirmed through Ext.P6. It is challenging Exts.P4 and P6 this writ petition is filed.

2. The 1st respondent is a person having 22 years service in CRPF. He applied for the post of Guard (Trainee) set apart for Scheduled Tribe candidates, based on notification published inviting applications. He was selected and appointed as Guard (Trainee) with effect from 01-07-1997. On completion of 2 years training period he was appointed as Guard (Watch & Ward), with effect from 01-07-1999. He continued in the service without any break and retired on 03-03-2010, after rendering 12 years and 9 m