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2010 Supreme(Mad) 2748

ELIPE DHARMA RAO, K.K.SASIDHARAN
The Board of Trustees of Chennai Port Trust Rep. by its Chairman Chennai – Appellant
Versus
The Assistant Labour Commissioner (Central)-I Chennai – Respondent


Advocates Appeared:
For the Appearing Parties:R. Krishnamoorthy Senior Counsel for R. Karthikeyan, K. Gunasekar, ACGSC, P. Chandrasekaran, SCGSC, K.M. Venugopal, K. Ravindranath, K. Ravichandrababu, V. Bharathidasan, SCCG, S. Vijayakumar, SCGSC, V. Ravi, SCGPC, Patti B. Jeganathan, R. Ramesh, M. Murthy, V. Rajaram, K. Palani, B. Johny, K. Sarangan, P. Arumugam, S. Dilli Babu, R. Vaigai, J. Mugundagopal, A. Alagesan, G. Mohan, G. Chandran & K. Ganesan, Advocates.

Judgment :-

K.K.SASIDHARAN, J

1. These writ petitions are directed against the order passed by the Controlling Authority under the Payment of Gratuity Act, whereby and whereunder the petitioner was directed to calculate gratuity by including the piece rates paid to the employees, in addition to the monthly wages.

2. Since contentions are identical in all these writ petitions, the factual matrix as found in W.P.No.6635 of 2005 is taken to narrate the background facts.

THE FACTS:-

W.P.NO.6635 OF 2005

3. Chennai Port Trust Corporation is the petitioner in the writ petition. In the affidavit filed in support of the writ petition the petitioner contended thus:-

4. Chennai Port Trust was established by a Central Act and it is governed by the Major Port Trust Act, 1963. The functions of the Chennai Port Trust have been carried out by the Board of Trustees constituted by the provisions of the Major Port Trust Act. Similarly, the Madras Dock Labour Board (hereinafter referred to as "MDLB") was established and administered by the Schemes framed under the Dock Workers (Regulation of Employment) Act, 1948 to facilitate the functions under those enactments.

5. The daily rated workers previousl
























































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