JUDGMENT :

P.K. Shamusuddin, J.—The petitioner was the employer of the third respondent. According to the third respondent, he was under the service of the petitioner for the period from February 1, 1984, to December 30, 1989. According to the petitioner, the third respondent was in his service only for the period from May 27, 1986, to December 8, 1989. It is also the case of the petitioner that without informing him, the third respondent absented from duly with effect from December 8, 1989, and, thereafter, nothing was heard about him and on enquiry, it was found that he is engaged as a Foreman in the Thankam Match Industries.

The petitioner was served with a copy of application submitted by the third respondent before the second respondent claiming gratuity to the tune of Rs. 7,200. Exhibit P-1 is the formal application. The petitioner submitted an objection, Exhibit P-2. Thereafter, the third respondent filed a replication. The third respondent was examined on August 8, 1992, He also filed the copy of application filed earlier to the controlling authority, which was not in the prescribed form. Exhibit R-3(a) is the said application. The case was posted to January 4, 1991, for exam