JUDGMENT

Order Ext.P4 dated 28.07.2012 of the Controlling Authority passed under the provisions of Section 7(4)b of the Payment of Gratuity Act, 1972 (hereinafter called ‘1972 Act’), without availing the remedy of appeal, has been assailed, i nter alia on the premise that the work of the Forum was allotted on rotation basis and none of the workers had worked for 240 days in any of the years before formation of Forum in

1990. The Forum was registered under the provisions of Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. After the formation of the Forum an agreement was entered into between the Forum and unions representing the members of the forum for payment of ex gratia in lieu of gratuity to those members who had left the forum on and after 01.04.1993.

2. The 1 st respondent filed an application before the 3 rd respondent claiming additional gratuity at the rate of 15 days wages for every completed year of service from the date of joining with the contractor till leaving of service from the Forum. Petitioners entered appearance and filed detailed counter statement by resist