P.D.AUDIKESAVALU
Principal, Institute of Road & Transport Technology, Sri Vasavi College Post, Erode – Appellant
Versus
Appellate Authority under the Payment of Gratuity Act, 1972 (Joint Commissioner of Labour), Coimbatore – Respondent
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the First Respondent in A.G.A. No. 25/2019 dated 13.08.2019 and to quash the same.)
(through video conference)
Heard Mrs. Kala Ramesh, Learned Counsel for the Petitioner, Mr. D.Sathyaraj, Learned Special Government Pleader appearing for the First and Second Respondents and Mr. N.Manokaran, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. The Third Respondent had joined the services of the Petitioner on daily wage basis as gardener from 31.12.1986 and she was made permanent pursuant to a settlement entered under Section 18(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the -Act- for short), between the Petitioner and the Third Respondent on 30.11.2015. When the Third Respondent attained the age of superannuation on 29.02.2016, she made a claim for gratuity for 29 years of service based on her last drawn salary. Since the Petitioner refused to pay gratuity taking into account the period prior to 30.09.2015, when the aforesaid settlement u
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