DY EXECUTIVE ENGINEER Vs. CHHELABHAI VAGABHAI PAGI

JUDGEMENT

(1.) The petitioner, being aggrieved by the orders passed by the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 1972, is before this Court under Article 227 of the Constitution of India, with a submission that the subordinate Tribunals erred in holding that the respondent had worked for fourteen years and he was accordingly entitled to gratuity on the basis of such calculation.

(2.) Placing reliance upon the Circular dated 13th February, 1998 issued by the Government, it is submitted that before becoming entitled to the gratuity, one is required to prove that he has worked for five years and for calculation of such five years, the provisions of Section-25B of the Industrial Disputes Act, 1947 would be applicable. His submission is that in absence of the proof from the side of the workman that he had worked for 240 days in last five years, the authorities could not decide the matter in favour of the workman.

(3.) Shri Y.V. Shah, learned Counsel for the respondent-workman, on the other hand, submitted that the Government could not issue a circular directing that certain provisions of the Industrial Disputes Act, 1947 must be read in the provisions of the Payment of Gratuity Act, 1972.