w w w . L a w y e r S e r v i c e s . i n



The Manager (HRD) Hindustan Photo Films Manufacturing Company Ltd., Indu Nagar, Ootacamund, The Nilgiris v/s The Regional Labour Commissioner, (Central), The Appellate Authority under the Payment of Gratuity Act, 1972, Chennai & Others


Company & Directors' Information:- P. B. FILMS LIMITED [Active] CIN = U92100WB2007PLC119040

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- K C FILMS PRIVATE LIMITED [Active] CIN = U22222UP2014PTC065113

Company & Directors' Information:- F. K. FILMS PRIVATE LIMITED [Active] CIN = U92100MH1974PTC017640

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- A K FILMS PRIVATE LIMITED [Converted to LLP] CIN = U92100MH1999PTC118635

Company & Directors' Information:- INDU MANUFACTURING CO PVT LTD [Strike Off] CIN = U17232WB1979PTC032185

Company & Directors' Information:- S M HINDUSTAN MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120MH2013PTC245887

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- C A FILMS PRIVATE LIMITED [Converted to LLP] CIN = U92100MH1999PTC120009

Company & Directors' Information:- INDU PVT LTD [Strike Off] CIN = U92112OR1984PTC001387

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- K S B FILMS PRIVATE LIMITED [Strike Off] CIN = U92120MP1999PTC013818

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M B FILMS PVT LTD [Strike Off] CIN = U92111PB1993PTC013321

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- A B C FILMS PRIVATE LTD [Active] CIN = U74899DL1987PTC027809

Company & Directors' Information:- K R FILMS PRIVATE LIMITED [Active] CIN = U92110MH1966PTC013500

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- N V FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH2002PTC134804

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- U. K. FILMS PRIVATE LIMITED [Strike Off] CIN = U92412WB2010PTC155635

Company & Directors' Information:- B V M FILMS PRIVATE LIMITED [Active] CIN = U92100DL2013PTC247476

Company & Directors' Information:- M V PHOTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC139601

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- S R FILMS LTD [Strike Off] CIN = U92111PB1981PLC004669

Company & Directors' Information:- FILMS PRIVATE LIMITED. [Active] CIN = U92100MH1954PTC009231

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- B R FILMS INDIA PRIVATE LIMITED [Active] CIN = U92110MH1971PTC015384

Company & Directors' Information:- J P FILMS PVT LTD [Strike Off] CIN = U92100WB1984PTC001447

Company & Directors' Information:- D K FILMS PVT LTD [Strike Off] CIN = U92112DL2001PTC111829

Company & Directors' Information:- R S R FILMS PRIVATE LIMITED [Strike Off] CIN = U92100MH2004PTC150082

Company & Directors' Information:- V N FILMS PRIVATE LIMITED [Amalgamated] CIN = U92490MH2007PTC284657

Company & Directors' Information:- 9 TO 6 FILMS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC244741

Company & Directors' Information:- D AND G FILMS PRIVATE LIMITED [Strike Off] CIN = U92111DL2004PTC130329

Company & Directors' Information:- P & R FILMS PRIVATE LIMITED [Active] CIN = U92400DL2011PTC227543

Company & Directors' Information:- A M FILMS PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051420

Company & Directors' Information:- R R FILMS PRIVATE LIMITED [Strike Off] CIN = U92114MH2000PTC127612

Company & Directors' Information:- AT FILMS PRIVATE LIMITED [Strike Off] CIN = U92100MH2008PTC187702

Company & Directors' Information:- G G FILMS PVT LTD. [Strike Off] CIN = U92111WB1989PTC046190

Company & Directors' Information:- B M FILMS (PVT) LTD [Strike Off] CIN = U99999DL1973PTC006717

Company & Directors' Information:- M M FILMS PVT LTD [Strike Off] CIN = U92111CH1970PTC002955

Company & Directors' Information:- S V FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH1976PTC019358

Company & Directors' Information:- K S O FILMS PVT LTD [Strike Off] CIN = U92114PB1978PTC003808

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- S I AND D FILMS PRIVATE LIMITED [Strike Off] CIN = U92100MH2002PTC137321

Company & Directors' Information:- J S FILMS PRIVATE LIMITED [Active] CIN = U92100MH2005PTC153658

Company & Directors' Information:- A. A. FILMS PRIVATE LIMITED [Active] CIN = U92100MH2008PTC180322

Company & Directors' Information:- M S AND S FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH2003PTC139849

Company & Directors' Information:- S N FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH2004PTC146211

Company & Directors' Information:- R M FILMS PRIVATE LIMITED [Strike Off] CIN = U93030MH2012PTC232871

Company & Directors' Information:- M P R FILMS PRIVATE LIMITED [Strike Off] CIN = U22222MH2012PTC235794

Company & Directors' Information:- A S FILMS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC239421

Company & Directors' Information:- K V V FILMS PRIVATE LIMITED [Strike Off] CIN = U92412TG2011PTC078056

Company & Directors' Information:- N. A. R. T. FILMS PRIVATE LIMITED [Active] CIN = U74999DL2017PTC325681

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

Company & Directors' Information:- A D S PHOTO & FILMS PRIVATE LIMITED [Active] CIN = U92100DL2008PTC177592

Company & Directors' Information:- K 3 S FILMS PRIVATE LIMITED [Active] CIN = U92100DL2012PTC246330

Company & Directors' Information:- U C FILMS PRIVATE LIMITED [Active] CIN = U92113DL2005PTC137673

Company & Directors' Information:- M. D. FILMS PRIVATE LIMITED [Active] CIN = U93090DL2016PTC308419

Company & Directors' Information:- T G I R T FILMS PRIVATE LIMITED [Active] CIN = U74999HR2016PTC058391

Company & Directors' Information:- J K FILMS PVT LTD [Strike Off] CIN = U92112MP1954PTC000801

Company & Directors' Information:- D FILMS PRIVATE LIMITED [Active] CIN = U92490OR2020PTC034576

Company & Directors' Information:- M Y M FILMS LIMITED [Strike Off] CIN = U92100TG1994PLC018419

Company & Directors' Information:- A C L PHOTO FILMS PVT LTD [Strike Off] CIN = U74940RJ1996PTC011525

Company & Directors' Information:- T V FILMS PRIVATE LIMITED [Strike Off] CIN = U92110MH1969PTC014215

Company & Directors' Information:- M G FILMS PVT LTD [Strike Off] CIN = U92140MH1973PTC016411

Company & Directors' Information:- B M S FILMS PRIVATE LIMITED [Strike Off] CIN = U92120KA1950PTC000647

Company & Directors' Information:- R D FILMS PRIVATE LIMITED [Strike Off] CIN = U32112DL1972PTC006088

Company & Directors' Information:- IN FILMS PRIVATE LIMITED [Strike Off] CIN = U74940DL1988PTC032954

Company & Directors' Information:- PHOTO INDIA LIMITED [Dissolved] CIN = U99999MH1952PLC008754

    W.P.Nos.18861 to 18863 of 2013 & M.P.Nos. 1 to 1 of 2013

    Decided On, 05 April 2018

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioner: M/s. Rita Chandrasekar, Advocate. For the Respondents: R1 & R2, M/s. R. Meenakshi, CGSC.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order dated 10.05.2013 passed by the 1st respondent made in Gratuity Appeals Nos.23 to 38 of 2012 confirming the order dated 31.05.2012 passed by the 2nd respondent in Gratuity Application Nos.41 to 56 of 2011 and quash the same.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order dated 10.05.2013 passed by the 1st respondent made in Gratuity Appeals Nos.42 and 43 of 2012 confirming the order dated 31.05.2012 passed by the 2nd respondent in Gratuity Application Nos.58 and 61 of 2011and quash the same.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order dated 10.05.2013 passed by the 1st respondent made in Gratuity Appeals Nos.8 to 22 of 2012 confirming the order dated 30.03.2012 passed by the 2nd respondent in Gratuity Application Nos.26 to 40 of 2011and quash the same.)

Common Order:

The order passed by the Regional Labour Commissioner(Central)/1st respondent dated 10.05.2013 in Gratuity Appeal Nos.23 to 38 of 2012, 42 & 43 of 2012, 8 to 22 of 2012 confirming the orders dated 31.05.2012, 30.03.2012 passed by the 2nd respondent in Gratuity Application Nos.41 to 56 of 2011, Nos.58 and 61 of 2011, Nos.26 to 40 of 2011 is under challenge.

2. The writ petitioner is Hindustan Photo Films Manufacturing Company Limited. The writ petitioner company is a Government of India undertaking and is engaged in the business of manufacturing of x-rays and film rolls. The respondents/workmen filed an application under the provisions of the Payment of Gratuity Act, 1972 before the 2nd respondent/The Assistant Labour Commissioner,(Central) for the purpose of settlement of gratuity amount. Only about 150 ex-employees, who left the services of the writ petitioner company under the Voluntary Retirement Scheme(VRS), formed an association and filed individual gratuity claim applications. The 2nd respondent/competent authority passed an orders on 31.05.2012 and 30.03.2012 and allowed the claim petitions filed by the respondents/workmen.

3. Challenging the said original orders of the competent authority, the writ petitioner management preferred Gratuity Appeal Nos.23 to 38 of 2012, 42 & 43 of 2012, 8 to 22 of 2012 under Section 7(7) of the Payment of Gratuity Act,1972. After adjudication, the appeals preferred by the writ petitioner management were dismissed. Thus, the present writ petitions are filed.

4. The point raised in these writ petitions are that the respondents/workmen were not in continuous service i.e., uninterrupted services. Further, the services rendered with brakes were also taken into consideration for the purpose of reckoning the qualifying services for calculation of the gratuity amount under the Payment of Gratuity Act, 1972. Thus, the writ petitioner claims that the decision arrived by the competent authority in respect of the calculation of the gratuity amount is erroneous.

5. This Court is of an opinion that both the Controlling Authority as well as the Appellate Authority categorically made a finding that the respondents/workmen were the employees of the writ petitioner management and the length of services, which were recorded based on the evidences and documents, are not disputed before the Controlling Authority as well as before the Appellate Authority. The evidences recorded and the findings arrived based on such evidences cannot be interfered with by this Court in these writ petitions under Article 226 of the Constitution of India. The fair and reasonableness and the procedures adopted for arriving the decisions alone can be tested in these writ petitions.

6. The Payment of Gratuity Act, 1972 being a social welfare legislation, the workmen cannot be deprived of the benefit of the provisions of the above said Act. It is a deferred portion of the wages for the services rendered by the workmen and therefore, the employer cannot deny such benefits to the workmen. This apart, certain factual disputes now raised in these writ petitions cannot be adjudicated, in view of the fact that these findings made initially by the Controlling Authority, which was confirmed by the Appellate authority in the appeals. Therefore, this Court cannot interfere with such factual findings made based on the documents and evidences by the competent authority.

7. It is brought to the notice of this Court that the claim of the similarly placed workmen from the writ petitioner management were allowed and those workmen had already received the gratuity amounts as per the award of the Controlling Authority. When the claims of other similarly placed workmen are allowed, there is no reason to interfere with the findings of the order passed by the respondents 1 & 2 in these writ petitions. Accordingly, the order dated 10.05.2013 passed by 1st respondent made in

Please Login To View The Full Judgment!

Gratuity Appeal Nos.23 to 38 of 2012, 42 & 43 of 2012, 8 to 22 of 2012 confirming the orders dated 31.05.2012 and 30.03.2012 passed by 2nd respondent for Gratuity Application Nos.41 to 56 , 58, 61 and 26 to 40 of 2011 are confirmed. 8. The respondents/workmen are permitted to withdraw the deposited amount by filing appropriate applications before the authorities concerned. 9. Accordingly, all these writ petitions stand dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.
O R