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2001 Supreme(Mad) 425

A.SUBBULAKSHMY, P.SHANMUGAM
Rajamani and Others – Appellant
Versus
Deputy Commissioner of Labour and Appellate Authority Under Payment of Gratuity Act, Tiruchirapalli and Others – Respondent


Appearing Advocates:N. G. R. Prasad, Row, Reddy, Advocates.

Judgment :-

P. SHANMUGAM, J.

Petitioner's in the writ petition are the appellants herein. In the writ petition, they have prayed for issue of writ of certiorarified mandamus for quashing the order of the first respondent and for a direction to the second respondent to pay the amount of gratuity payable to each of the petitioners as computed by him and deposited with him by the third respondent as per Section 7(7) of the Payment of Gratuity Act. The writ petition was dismissed and the appeal is as against that order.

Brief facts which are necessary for the disposal of the appeal are as follows :

The employees of the third respondent management, the appellants herein some of whom are legal representatives of the deceased employees, were illiterate and poorly educated persons and they were serving in the textile, spinning and weaving mill of the third respondent management. After having put in substantial period of service, on their retirement, the management, instead of calculating the gratuity as per their continuous period of service under the provisions of Section 4 of the Gratuity Act, obtained full quit receipts for a lesser amount as against which they have preferred claim petitio









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