PRABHAT KUMAR SINGH vs ACCU PACK ENGINEERING PVT. LTD

Judgment text excerpt

Megha 36_wp_8487,10018,10131,10231_23_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8487 OF 2023 Prabhat Kumar Singh ...Petitioner V/s. Accu Pack Engineering Pvt. Ltd. ...Respondent WITH WRIT PETITION NO. 10018 OF 2023 Shrikant B. Chinchkar ...Petitioner V/s. Accu Pack Engineering Pvt. Ltd. ...Respondent WITH WRIT PETITION NO. 10131 OF 2023 Nilesh Afre ...Petitioner V/s. Accu Pack Engineering Pvt. Ltd. ...Respondent WITH WRIT PETITION NO. 10231 OF 2023 Anil Sahadeo Kadam ...Petitioner V/s. Accu Pack Engineering Pvt. Ltd. ...Respondent ______________ Mr. Tarun Kumar Sinha for the Petitioner. Mr. Vijay P. Vaidya with Mr. Mahendra Agvekar and Ms. Shraddha Chavan i/b. for the Respondent. Page No. 1 of 20 2 April 2025 Megha 36_wp_8487,10018,10131,10231_23_fc.docx ______________ CORAM: SANDEEP V. MARNE, J. Judgment reserved on: 20 March 2025. Judgment pronounced on: 2 April 2025. Judgment: 1) The issue involved in the present Petitions is whether Petitioners, who have pocketed commission by floating fictitious firm in the names of their wives while procuring spare parts at exorbitant rates, are entitled to gratuity after termination of their services? 2) Petitioners have filed these Petitions challenging the judgments and orders dated 24 March 2023 passed by the Appellate Authority under the Payment of Gratuity Act and In- charge Member, Industrial Court, Thane, allowing the appeals preferred by Respondent-employer and setting aside orders dated 18 April 2022 passed by the Controlling Authority under the Payment of Gratuity Act and Judge, First Labour Court, Thane. The Controlling Authority had allowed applications preferred by the Petitioners and had held that they are entitled to gratuity from the Respondent-employer togeth