1. Heard both sides.

2. For the sake of convenience parties herein are referred to as the Management and the Employee.

3. The first writ petition (W.P.No.16104/2000) was filed by the Employee (M.Unnikrishnan) against the order passed by the Deputy Deputy Commissioner of Labour (Appeal), the Appellate Authority constituted under Section 41(2) of the Tamilnadu Shops and Establishments Act 1947 (for short Shops Act) made in T.S.E.No.13 of 1997 dated 19.05.1999.

4. By the impugned order, the Appellate Authority dismissed the appeal filed by the Employee on the ground that there was a reasonable cause for dispensing with the services of the Employee on account of the closure of the Managements office at Chennai. That writ petition was admitted on 22.09.2000. Subsequently, the employee filed an application in WPMP No.23160 of 2001 to implead the third respondent, who is running the business of the Management at New Delhi. They were impleaded vide order dated 04.09.2003.

5. During the pendency of the writ petition, the Employee claimed gratuity before the Assistant Labour Commissioner (Central) at Chennai and the Controlling Authority under the Payment of Gratuity Act in P.G.A