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Judgment
Debasish Kar Gupta, J.—This writ application is directed against orders dated July 7, 2010 and November 18, 2010 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 in Gratuity Case No. G-35/2009.
By virtue of an order dated July 7, 2010, the respondent No. 1 decided the question of maintainability of an application under the Payment of Gratuity Act, 1972. By virtue of the order dated November 18, 2010, the above application was disposed of oh merit.
It is submitted by the learned Counsel appearing for the writ petitioners that the respondent No. 1 had no jurisdiction to take up the above matter in view of the provisions of Clause (a) of sub-section (3) of section 1 of the Payment of Gratuity Act, 1972. According to the writ petitioners, the total number of employees of the writ petitioner No. 1, namely, M/s. Ranabeer Automobiles was less than ten at the material point of time.
The above submissions made on behalf of the writ petitioners are vividly opposed by the learned Counsel appearing for the respondent No. 3.
Having heard the learned Counsel appearing for the respective parties as also considering the order dated July 7, 2010, I find that the respondent No. 1 took into consideration the total number of employees on the basis of the evidence adduced by different parties. Therefore, it was a disputed question of fact. In the event, the maintainability of the above case before the respondent No. 1, depended upon the disputed question of fact that cannot be decided in a writ application. I further find that the final order dated November 18, 2010 passed by the respondent NO. 1 is under challenge on the ground that the respondent No. 1, had no jurisdiction to take up the above matter.
In view of the observations made hereinabove, this writ application is dismissed with liberty to the petitioners to approach the appellate authority for deciding the above disputed facts in accordance with the provisions of Sub section (7) of section 7 of the Payment of Gratuity Act, 1972, if it is permissible in accordance with law.
Urgent photostate certified copy of this order be given to the parties on usual undertaking.