ZILLA PAISHAD WASHIM Vs. CONTROLLING AUTHORITY

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) By consent and on request by the parties, all the matters are taken up for final hearing at the stage of admission. As common question involved in all above writ petitions, they are taken up together to decide the same by common judgment. The Writ Petition No.3758/2024 is taken up as lead case for consideration of facts and other law points.

(3.) Petitioner No.1 is Zilla Parishad, Washim through Chief Executive Officer and Petitioner No.2 is District Health Officer, Zilla Parishad, Washim. Respondent No.2 was employee of the Petitioner and served with Zilla Parishad, Washim as 'Health Worker'. On 31/1/2022, Respondent No.2 stood retired on superannuation. After retirement, the Petitioners have released all retiral benefits payable to Respondent No.2 on 18/7/2022. It is contended by the learned Counsel for the Petitioners that the Applicant/Respondent No.2 thereafter filed an Application dtd. 24/4/2023 under the provisions of Payment of Gratuity Act, 1972 (for short the "PG Act"), for grant of gratuity along with interest thereon before the Respondent No.1/Controlling Authority. Notices were issued by the Controlling Authority/Respondent No.1 to the Petitioners herein. In response to it, the Petitioners appeared and filed their reply. The Petitioners have denied the claim of the Respondent No.2 on the ground that the Applicant/Respondent No.2 being an employee of the Zilla Parishad, the Provisions of Maharashtra Civil Services (Pension) Rules, 1982 (for short the "MCS Rules") as well as provisions of the Maharashtra Zilla Parishad District Services Rules, 1968 are applicable. It is submitted that the learned Controlling Authority/ Labour Court overlooking the Provisions of MCS Rules as well as Maharashtra Zilla Parishad District Services Rules, 1968 and objection raised by the Petitioners, allowed the Application by impugned order dtd. 13/3/2024. By the said order the Authority has directed the Petitioners to pay amount of gratuity to the tune of Rs.6,37,348.00 along with interest @ 10% per annum. Being aggrieved by the impugned order passed by the learned Controlling Authority, present writ petition is filed.