2024:BHC-AS:39267 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12746 OF 2024 Indian Institute of Technology, Bombay ...Petitioner V/s.

1) Tanaji Babaji Lad

2) The Appellate Authority under Payment of Gratuity Act, 1972 &

the Deputy Chief Labour Commissioner (Central), Mumbai.

3) The Controlling Authority under Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central), Mumbai ...Respondents WITH WRIT PETITION NO.12770 OF 2024 Indian Institute of Technology, Bombay ...Petitioner V/s.

1)Dadarao Tanaji Ingle

2) The Appellate Authority under Payment of Gratuity Act, 1972 &

the Deputy Chief Labour Commissioner (Central), Mumbai.

3) The Controlling Authority under Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central), Mumbai ...Respondents WITH Digitally s Mig En Ge Hd Aby WRIT PETITION NO.12776 OF 2024 MEGHA SHREEDHAR SHREEDHAR PARAB PARAB Date:

2024.10.05 10:53:08 +0530 Indian Institute of Technology, Bombay ...Petitioner V/s.

1)Raman Sukar Garase

2) The Appellate Authority under Payment of Gratuity Act, 1972 &

the Deputy Chief Labour Commissioner (Central), Mumbai.

3) The Controlling Authority under Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central), Mumbai. ...Respondents _________________________________________________________________

Mr. Arsh Mishra for Petitioners.

Ms Gayatri Singh, Senior Advocate with Ms Sudha Bhardwaj i/b. Ms Shreya Mohapatra for Respondents.

_________________________________________________________________

CORAM : SANDEEP V. MARNE, J.

Judgment reserved on : 26 September 2024. Judgment pronounced on : 4 October 2024.

Judgment:

1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petitions are taken up for final disposal.

2) Indian Institute of Technology, Bombay (IIT Bombay has filed these Petitions challenging the orders passed by the Assistant Labour Commissioner (Central), Mumbai acting as Controlling Authority under the Payment of Gratuity Act, 1972,(PG Act) allowing the applications filed by Respondent-employees and directing payment of gratuity to them. The orders passed by the Controlling Authority have been upheld by the Appellate Authority and the Deputy Chief Labour Commissioner(Central), Mumbai by orders dated 3 April 2024, which are also subject matter of challenge in the present Petitions.

3) Petitioner IIT-Bombay is a premier research and educational institute in technology and engineering disciplines and established under the provisions of the Institute of Technology Act, 1961. It is recognized as institute of eminence by the Government of India. Petitioner has employed regular staff for conducting various study and academic programs. Its campus is spread over land admeasuring more than 500 acres. Various projects undertaken by Petitioner for different durations are implemented by itself or through collaboration of private or government organisations. With a view to maintain the infrastructure spread over vast tract of land as well as for execution of various projects, Petitioner needs manpower of skilled, semi- skilled and unskilled in nature. For provision of such manpower, Petitioner engages various contractors for supply of required labour force.

4) According to Petitioner, the Respondents-employees are few such contract labourers provided by various contractors engaged by it for execution of various works at the campus as well as on projects undertaken by IIT, Bombay. It is contended that Respondents are employees of the concerned contractors and that there has been no employer-employee relationship between Petitioner and Respondents at any point of time. It appears that the last engagement of the Respondents was through the contractor M/s. Moosa Services Company. Respondents filed applications in Form ‘N’ before the Controlling Authority complaining about the non-payment of gratuity by the Petitioner. The Controlling Authority issued notices to the