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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice M.DHANDAPANI, J
General Manager Bharat Heavy Electrical Limited (BHEL) – Appellant
Versus
Deputy Chief Labour Commissioner (Central) Appellate Authority under Payment of Gratuity Act – Respondent
ORDER :
Mr.L.V.Venkatesh, learned counsel takes notice on behalf of the respondents 1 and 2. Since this Court is not inclined to pass any adverse order as against the respective third respondent and the fourth respondent, notice to the respective third respondent and the fourth respondent is dispensed with. By consent, the writ petitions are taken up for final disposal at the admission stage itself.
2. The writ petitions have been filed seeking issuance of Writ of Certiorari calling for the records relating to the order dated 26.02.2025 made in Gratuity Appeal Nos.4, 9, 3, 2, 7, 5, 6, 1 and 8 of 2023 respectively, on the file of the first respondent confirming the order dated 07.10.2022 made in Gratuity Application Nos.39, 44, 38, 37, 42, 40, 41, 36 and 43 of 2021 respectively, on the file of the second respondent and to quash the same.
3. The learned counsel appearing for the petitioner submitted that the petitioner is the principal employer and the respective third respondent filed Gratuity Applications under Section 7 of the Payment of Gratuity Act, 1972 before the second respondent without impleading the contractor and the same were allowed in their favour against which, the petit
The court confirmed the entitlement of gratuity to employees while remanding the matter to determine the liability for payment between the principal employer and the contractor.
The court's decision emphasized the importance of timely application for gratuity and considered the employee's conduct in determining the interest rate.
Workers who are employed for wages in an establishment and have a master-servant relationship with the employer are entitled to gratuity under the Payment of Gratuity Act, 1972, regardless of whether....
The court emphasized that without a clear employer-employee relationship, liability for gratuity payments cannot be placed upon the principal employer, especially in cases involving contractors.
The main legal point established in the judgment is the requirement for Authorities to consider all contentions raised by the parties and the willingness of the contractors to deposit a sum to cover ....
A person who receives wages directly from an employer, regardless of the mode of appointment, qualifies as an employee entitled to gratuity under the Payment of Gratuity Act, 1972.
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