CO Vs. CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT/DEPUTY LABOUR COMMISSIONER, U.P. AND ANOTHER

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) Respondent No. 2 Nepal Singh. who was working as Seasonal Clerk retired from service on attaining the age of superannuation on 31-12-1995. He filed an application before the Controlling Authority under the Payment of Gratuity Act seeking an amount of Rs. 51,670.00 as gratuity from the petitioner in 1996. It is alleged that Payment of Gratuity Act was made applicable to the petitioner Co-operative Society by the order dated 25-2-1997 of the Cane Commissioner/ Registrar, Co-operative Cane Societies, Lucknow On 9-7-1999 respondent No. 1 passed an order directing the petitioner to pay a further amount of Rs. 27,557.20 paise. Recovery certificate was issued on 20-8-1999 against the petitioner.

(3.) It appears that an application was filed by the workman of summoning the Attendance Register which was in possession of the employer to prove that he has worked for the whole of the year though his appointment was shown to be seasonal. The employer did not submit the documents which were summoned by the Court on the application of the workman.