DHANSAI SAHU Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The moot question involved in this appeal is: whether the service rendered as daily-wager before being regularized and given the status of a regular Government servant, can be reckoned, so as to invoke the provisions of the Payment of Gratuity Act, 1972 (for short, "the 1972 Act") after the age of superannuation and retirement as State Government employee?

(3.) The High Court of Chhattisgarh, Bilaspur (for short, "the High Court") relying on the definition of "employee" in Section 2(e) of the 1972 Act, has taken the view that the provisions of the 1972 Act have no application to a person who holds a post under the State Government and is governed by any other Act and in particular, the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, "the 1976 Rules").