Ramanujam, J.- The first respondent herein was employed by the Southern Railway Administration under the Executive Engineer, (Construction), Erode, as a casual labourer from 16th September, 1961. He was retrenched from service on 20th July, 1974. At the time of retrenchment he was working as a lorry driver. On the ground that he had worked for more than 5 years continuously and was drawing a daily rate of Rs. 10.40 at the time of his retrenchment, he made an application claiming a sum of Rs. 2,028 as gratuity under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act’). The second respondent who is the Controlling Authority under the Act dismissed the application holding that the first respondent was not eligible for any gratuity under the said Act as the said Act is not applicable to persons working under the railway administration and that in any event the first respondent who has been paid retrenchment compensation under the Industrial Disputes Act cannot claim gratuity.

2. Aggrieved against the order of the Controlling Authority the first respondent preferred an appeal to the third respondent con-" tending that the railway administration will come under the def

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