SWADESHI MINNING AND MANUFACTURING COMPANY LTD., BASTI Vs. CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, 1972, I. E. REGIONAL ASSISTANT LABOUR COMMISSIONER, GORAKHPUR

JUDGEMENT

(1.) The petitioner company has been asked by the Appellate Court to pay gratuity to the respondent No. 3 in accordance with the Government Order dated 31-10-1974. It appears that the Government of Uttar Pradesh has issued a Government Order No. 5959 (N. I.)/XXXVI/3-101 (S. I.)-74 dated 31st Oct., 1974. Clause 9 of the said Government Order reads as under :

(2.) The petitioner company seems to have contested the claim but it was unsuccessful before the authority under the Payment of Wages Act. Thereafter it preferred an appeal. That appeal was also dismissed and it has challenged the order of the Appellate Authority where it has been directed to pay gratuity to the respondent No. 3 in accordance with the said Government Order.

(3.) The petitioner's case is that the respondent No. 3 was employed as Assistant Engineer in the petitioner's concern with effect from 16-12-1954. He is said to have attained the age of retirement on 31-1-1973 but the was allowed to work up to 4-4-1973 after rendering service of 18 years, 3 months and 19 days, in the petitioner company. His last drawn pay on 4-4-1973 was Rs. 783,75 per month. The respondent's gratuity calculated on this date and was paid at the rate of 7 days for every completed year of service as provided under Sec. 4 (2) of the Payment of Gratuity Act (hereinafter called 'the Act'). A sum of Rs. 3291.84 was paid to him on 7-5-1973. The petitioner company is a seasonal establishment because it work for 120 days only in a year i. e from Dec. to March. The expression 'seasonal' is not defined in the Act or Clause A (5) of the Standing Order enforced by the Government of Uttar Pradesh on Vacuum Pan Sugar Factories by a Government Order under Sec. 3 (b) of the U. P. Industrial Disputes Act.