SUPERINTENDENT OF POST OFFICES Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) The Postal Department, questioning the orders passed under the Payment of Gratuity 'Act, 1972 filed these batch of Writ Petitions. Since the common issue relating to the applicability of the Payment of Gratuity Act to the Postal Department is a common question, all these Writ Petitions are considered together for disposal. The short issue is whether under the payment of Gratuity Act, 1972 would apply to the Postal Department or not. The Postal Department urges two contentions before this court. One is based on the Payment of Gratuity Act, 1972. The other contention is based on Gramin Dak Sevak (Conduct and Engagement) Rules 2011. I shall deal these contentions separately.

(2.) In all these cases, Gratuity Controller and Appellate Authority found that Postal Department, in so far as their engagement of Gramin Dak Sevaks are concerned is an establishment covered by the Payment of Gratuity Act, 1972.

(3.) Insofar as the first question, the applicability of the Payment of Gratuity Act, the learned counsel for the Postal Department rely upon Sec. 1(3) of Payment of Gratuity Act, which reads as follows: