GENRRAL MANAGER THE KISAN SAHKARI CHINI MILLS LTD Vs. APPELLATE AUTHORITY/ DEPUTY LABOUR COMMISSIONER PAYMENT OF GRATUITY AND 2 OTHERS

JUDGEMENT

(1.) Heard Sri Vrindavan Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1 & 2.

(2.) The petitioner in the writ petition is seeking quashing of the order dated 25.4.2016 passed by the Controlling Authority under the payment of Gratuity Act, 1972 as well as the appellate order dated 13.08.2018.

(3.) The respondent no. 3 initiated claim proceedings being PGA Case no. 40 of 2015 before the Controlling Authority claiming gratuity for the period from 01.03.1984 to 2.9.1996 on the ground that during this period he had worked for 240 days in a year and therefore, he was entitled to be paid gratuity calculating the wages of 15 days in a year. The stand of the petitioner was that during the period from 01.03.1984 to 02.09.1996 the respondent no. 3 had worked only as a seasonal employee and therefore, in view of the second proviso to Sec. 4(2) of the Payment of Gratuity Act, 1972 (in short 'the Act') he was entitled to gratuity calculating the wages of 7 days in a year.