MUNICIPAL CORPORATION, BURHANPUR Vs. NATHU

JUDGEMENT

(1.) COMMON question raised vide these petitions are as to whether in view of Madhya Pradesh Municipal Services (Pension) Rules, 1980, provisions of Payment of Gratuity Act, 1972 would be applicable to the employees belonging to Municipal Corporation. These petitions were accordingly heard and are decided by this common order.

(2.) RELEVANT facts not in dispute briefly are that, the respondents while in employment with the Municipal Corporation, Burhanpur, retired from service on attaining the age of superannuation and being aggrieved by non -settlement of gratuity preferred an application before the Controlling Authority under Section 7 of Payment of Gratuity Act, 1972 read with Rule 10 of Madhya Pradesh Payment of Gratuity Rules, 1973.

(3.) THAT , objections were raised on behalf of employer Municipal Corporation as to tenability of such application in view of existence of Madhya Pradesh Municipal Service (Pension) Rules, 1980. The Controlling Authority while dispelling the contentions, held that the respondent workmen are entitled for gratuity under the Payment of Gratuity Act, 1972, by order dated 6.4.1998.