INDIAN ENVIRONMENTAL SOCIETY Vs. L M SAXENA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the Petitioner seeks quashing of the order dated July 5, 2002 passed by the Controlling Authority and the order dated March 3, 2005 passed by the Ld. Appellate Authority under Payment of Gratuity Act, 1972 whereby directions were given to the Petitioner management to pay the gratuity along with interest to the Respondent workman amounting to '. 98,031/- along with simple interest @10% per annum from November 30, 1999 till the date of actual payment.

(2.) Brief facts relevant for deciding the present petition are that the Respondent filed a petition against the Petitioner before the Ld. controlling Authority claiming a sum of (i) '. 18,880 as salary for the month of November, 1999 and (ii) '. 98,030 on account of gratuity. The said claim of the Respondent was contested by the Petitioner and vide order dated July 5, 2002 the learned Controlling Authority directed the Petitioner to pay '. 98,031 as gratuity with interest @10% within 30 days to the; Respondent. Being aggrieved by the said order, the Petitioner filed an appeal before the Appellate Authority and vide order dated March 3, 2005 the same was dismissed, hence the present petition.

(3.) Mr. Ajay Kumar Gupta counsel for the Petitioner submitted that as per the notification in the Gazette of India dated September 6, 1997/BHADRA 15,1919 (Part-II-Section 3) of the Payment of Gratuity Act, 1972 (39 of 1972),. the Central Government extended the application of the Act to the trusts and societies under the Societies Registration Act w.e.f. September 6, 1997 i.e. the date of the notification and therefore the Respondent workman who was appointed with the Petitioner on October 1, 1990 and resigned on November 30, 1999 would not be entitled to the benefit of said notification. Counsel further submitted that even the Respondent workman had failed to prove on record that 10 persons, were employed with the Petitioner on the relevant date.