JUDGMENT

Dated this the 22 nd day of July, 2024 The petitioner-Roshini Industries has filed this writ petition challenging Ext.P2 order of the Gratuity Authority.

2. It is evident from the pleadings that the 2 nd respondent was engaged by the petitioner in the petitioner-industrial establishment. The 2 nd respondent filed an application for gratuity, which was allowed by the Gratuity Authority as per Ext.P1. The petitioner was directed to pay Rs.32,308/- with interest at the rate of 10% from 18.06.2019.

3. Aggrieved by Ext.P1, the petitioner preferred statutory appeal before the appellate authority. The appellate authority rejected the appeal as per Ext.P2 order, on the ground that the petitioner has not produced materials to show that the 2 nd respondent has not worked for 240 days.

4. The Argument of the petitioner is that the 2 nd respondent has not worked for 240 days in the establishment in the relevant years so as to become eligible for payment of gratuity. The petitioner would submit that the 2 nd respondent has worked only for 212.5 days in the year 2014, 236 days in the year 2015, 181 days in the year 2016, 174 in the year 2017, 155.5 days in the year 2018 and 53 days in the y