SHANKARA NARAYANAN Vs. KERALA STATE BEVERAGES

JUDGEMENT

(1.) In these Writ Petitions, a common question arises for consideration, and therefore, they are heard together, and a common judgment is passed. The question to be decided is whether the the Abkari workers working in the 1st respondent corporation are entitled to gratuity under the Payment of Gratuity Act, 1972, when they are paid gratuity and provident fund under the Kerala Abkari Workers Welfare Fund Act, 1989 (for short 'the KAWWF Act').

(2.) For a proper understanding, W.P.(C) No.36325 of 2022 is taken as a leading case, and the facts in brief are extracted below: The petitioners are retired Abkari workers of the 1st respondent Corporation. The petitioners were inducted to be workers of the corporation as early as in 2001. The service of the employees of the corporation, including the Abkari workers, are governed by the Service Rules for the Employees of the Kerala State Beverages (M&M) Corporation Ltd (for short, 'the Service Rules'). Chapter V of the Service Rules deals with the Provident Fund, gratuity and medical benefits.

(3.) As per Rule 76 of the Service Rules, all the employees of the corporation are entitled to get gratuity at the time of termination of employment.