STATE OF U.P. Vs. CONTROLLING AUTHORITY

JUDGEMENT

(1.) By means of the present writ petition, the petitioner is challenging the order dated 17.6.2019 passed by the controlling authority, respondent no.1 under Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act, 1972') in P.G. Appeal No. 1/2019 as well as the impugned order dated 6.7.2019 and 29.11.2017 passed by respondent-2 in P.G. Case No. 09 of 2016.

(2.) Brief case are that respondent no. 3 (herein after referred to as 'the workman') was initially engaged on 1.2.1998 as Beldar in Work Charge Establishment by the petitioners and continuously worked till 12.10.2011 in the office of petitioner no. 2 in the same status. Thereafter by the order of Executive Engineer, Tone Pump Canal, Prayagraj, the workman was relieved on 13.10.2011 and directed to join in regular establishment. In pursuance thereof the workman joined in regular establishment on 14.10.2011, on the pay Scale of Rs. 5200-20200/- Grade Pay Rs. 1800/-.

(3.) Subsequently, on 31.1.2015, the workman was made permanent and after completion of age of 60 years, he was superannuated on 29.2.2016. The workman had worked 13 years 08 months and 13 days as work charge employee and thereafter regularized and had discharged total 04 years, 04 months and 16 days of service as permanent employee. Accordingly at the time of superannuation, the workman had not completed 05 years service as regular/permanent employee as such he was paid gratuity of Rs. 1,11,663/- against the service of work charge employee.