MUNICIPAL BOARD THROUGH DISTRICT ELECTIVE OFFICER Vs. THE APPELLATE AUTHORITY AND ADDITIONAL LABOR COMMISSIONER AND ORS.

JUDGEMENT

(1.) IN these petitions filed by Municipal Board Khurja the question that arises for consideration is if the Municipal Board is an establishment within the meaning of Section 1(3) (b) and (c) of Payment of Gratuity Act, 1972. Further even if it was establishment were its employees prevented from claiming gratuity because they had participated in the benefit of Provident Fund.

(2.) SUB -section (3) of Section 1 of Payment of Gratuity Act 1972 reads as under:

(3.) LEARNED Counsel argued that even if Municipal Board is an establishment the opposite parties could not claim any benefit as Sub -section (3) of Section 70 of U.P. Municipalities Act specifies that a person who participates in Provident Fund benefit shall not be entitled to gratuity. The argument stands answered by Section 14 of the Gratuity Act which has an over -riding effect and provides for giving effect to provisions of the Act notwithstanding anything inconsistent therewith contained in any Act.