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2020 Supreme(Jhk) 941

S.N.PATHAK
Heavy Engineering Corporation Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mukesh Kumar
For the Respondent: Mrs. Nitu Sinha, Pradeep Kumar Prasad, Arvind Kumar Singh

JUDGMENT :

S.N. Pathak, J.

The petitioner has approached this Court for quashing/setting aside the order dated 11.07.2019 (Annexure-5) passed by the Deputy Chief Labour Commissioner (Central ), Dhanbad (respondent No.1), who is an Appellate Authority under the Payment of Gratuity Act, 1972, whereby and whereunder a direction was issued upon the petitioner to pay the Gratuity to the respondent No.3.

2. The case of the petitioner lies in a narrow compass. The petitioner, M/s Heavy Engineering Corporation Limited (hereinafter referred to as ‘HEC’) is a company registered under Section 617 of the Indian Companies Act, 1956 and is a Government of India Undertaking. The petitioner-HEC in order to get its work done, engages different contractors through various Manpower Samities. One such Samiti is the present one operated by the Respondent No.4. The contractors of the said Samiti keep on changing from time to time after holding internal elections, but the name and style of the Samiti remains the same. The respondent No.3, (Pandu Topno) was a workman of one of such Samities run by respondent No.4. The respondent No.3 joined the services as Fitter under respondent No.4 and after attaining the

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