JUDGMENT :

P.K. Misra, J.—The present writ petition is directed against the order dated 18.2.1998 passed by the Assistant Commissioner of Labour, the Controlling Authority under the Payment of Gratuity Act, as confirmed by order dated 10-11-1998 passed by the Deputy Commissioner of Labour (Appeals), the appellate authority under the said Act, rejecting the application of the present petitioner for payment of gratuity.

2. Undisputedly, the present respondent No.3 is a Trade Mark holder and manufacturer of Beedies. The petitioner claims that the third respondent had engaged home workers through different contractors. It is further claimed that the petitioner was employed as a home worker under the third respondent from 1971. Subsequently, on completion of 58 years, the petitioner submitted letter of resignation before the third respondent and thereafter filed application before the second respondent claiming Rs.27,260/-. Before the second respondent, the third respondent had filed objection raising the question of limitation and also stating that the present petitioner was employed under the contractor Mr. Murugesan from 1986 till 1995 and thereafter he was engaged under Abdul Latheef