ELECTRICAL MECHANICAL PWD Vs. ANWARI BEGUM

JUDGEMENT

(1.) HEARD Sri K.P. Chaudhary, learned Standing Counsel for the petitioner and Sri Samir Sharma Advocate for the respondent No. 1.

(2.) BY this petition, the petitioner has challenged the order dated 31.8.2005 passed by respondent No. 2/Controlling Authority/Deputy Labour Commissioner, Uttar Pradesh, Gorakhpur in Case No. G.R.P.G.02/2004 Smt. Anwari Begam Widow of Late Shahid Ali v. M/s. Executive Engineer, Electrical and Mechanical Division, Public Works Department Gorakhpur, whereby a direction has been given for payment of an amount of Rs. 16182/- along with interest at the rate of 8% per annum w.e.f. 18.11.1997, as gratuity payable to the deceased Shahid Ali, to the respondent No. 1.

(3.) IT is contended by learned standing Counsel for the petitioner that while deciding the case the respondent No. 2 did not decide the question of applicability of the provisions of the Act in respect of the case in question and urged that the Controlling Authority did not address himself to the provisions contained in Financial Hand Book Volume-VI Para 668 and 669 which clearly laid down that the work-charged employee is not entitled to any pension/leave salary/allowances. Admittedly Late Shahid Ali was work charged employee in the establishment of the petitioner and had not become regular employee before his death. Therefore, he was not entitled to any pension or gratuity under the provisions of the Act, thus, no claim under the provisions of the Act could be entertained by the respondent No. 2.