DIVISIONAL ELECTRICAL ENGINEER OPERATION A P S E BOARD RAJAHMUNDRY EAST GODAVARI DISTRICT Vs. PRESIDING OFFICER LABOUR COURT GUNTUR

JUDGEMENT

(1.) In this batch of writs the common question for consideration is whether the retired or retrenched employees of the Andhra Pradesh State Electricty Board are entitled to Gratuity under the Aidbra Pradesh Retiring Invalid Gratuities (Non-pensionable Establishments) Rules, 1941, shortly referred to in this Judgment as N.P.E. Rules, It is sufficient to state the facts in W.P. 1070/76 which placed were before us as it is not disputed that the facts in other writ petitions are similar.

(2.) The second respondent in this writ petition was an employee in the Electricity Department of the Madras Government In the Erstwhile Composite Madras State. He continued in the service of the Electricity Department of Andhra Government after the formation of Andhra State in 1953 and became an employee of the Electricity Board when it was consitituted in 1959.

(3.) Under G.O.Ms. No. 1667, dated 10-5-1948 the Madras Government introduced Contributory Provident Fund to the employees of the work charged establishments in the operation branch of the Electricity Department. Under the scheme, the employee had to contribute one anna in a rupee on the basic pay, with the Government contributing an equal amount. As a result of the introduction of the scheme all the workers became subscribers to the Contributory Provident Fund with effect from March, 1949. The Government of Andhra Pradesh by G.O.Ms No. 3192, dated 9-12-1960 directed that the provisions of the Employees' Provident Fund Act, 1952 and the scheme framed thereunder be extended to all workers in the Electricity Department engaged on generation, transmission and distribution of electricity. It also directed that the accrued contributory Provident Fund amounts to the credit of the workers be deposited in the Employees Provident Fund Accounts. As the Government felt that the scheme under the Employees' Provident Fund Act was more beneficial and advantageous to the workmen since the contributions under the Act would be 8% on the basic wage plus dearness allowance instead of one anna per every rupee on the basic pay only, the Employees' Provident Fund Scheme framed under the Employees' Provident Fund Act, 1952 was implemented with effect from 1-6-58. The second respondent became a member of this scheme with effect from 1-11-61 and continued to be a member of the scheme till the date of his retirement.