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2021 Supreme(Mad) 1890

T.RAJA, C.SARAVANAN
P. Malligarjunan – Appellant
Versus
Joint Commissioner of Labour, (Appellate Authority under the Payment of Gratuity Act, 1972), Coimbatore – Respondent


Advocate Appeared:
For the Appellant :K.M. Ramesh, Advocate
For the Respondent:T. Arunkumar, S. Ravi for M/s. Gupta & Ravi, Advocates

JUDGMENT :

T. Raja, J.

(Prayer: Writ Appeal has been filed under Section 15 of Letter of Patent against the order dated 28.06.2011 passed in W.P.No.27494 of 2009 by the learned Single Judge of this Court.)

1. The appellants/workmen have filed this writ appeal challenging the impugned order passed by the learned Single Judge in W.P.No.27494 of 2009, dated 28.06.2011, by which, the order passed by the Appellate Authority/first respondent herein on 18.06.2009, holding that the workmen are entitled to claim gratuity only in respect of the years in which they have put in service, however, they cannot get gratuity in respect of the periods in which they are not employed, has been confirmed.

2. Short facts leading to the filing of this writ appeal are stated below:-

The appellants were workmen of Dhanalakshmi Mills Limited, Tiruppur/third respondent herein. The said Mill consists of two units, namely, ‘A’ Mills, which is a spinning Unit and ‘B’ Mills, which is a weaving unit. Both units are situated at Tiruppur, within a radius of 500 metres. Sine the working of ‘B’ Mills weaving unit became uneconomic due to various reasons and that has lead to loss from 1982 till 1992-93, the Management of t

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