STATE OF M.P. Vs. PHOOLKALI BAI

JUDGEMENT

(1.) The petitioners/State through its Joint Director, Horticulture have filed the present petition being aggrieved by order dated 31.3.2017 passed by Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter, for short, "Gratuity Act") by which the application filed by respondent No.1 has been allowed and and order dated 17.11.2017 passed by the appellate authority by which the appeal filed by the present petitioners has been dismissed respectively.

(2.) Facts of the case necessary for disposal for this writ petition are as under : Respondent No.1 approached the Controlling Authority under Section 7 of the Gratuity Act for payment of gratuity amount on the basis of last wages drawn. According to respondent No.1, she was appointed in the year 1984 as Permanent Skilled Labour and continued for a period of 30 years up to 24.2.2014 therefore, she has become entitled to get the gratuity amounting to Rs.95,538/-. After registration of Gratuity Case, notices were issued to the present petitioners and they filed the reply. Thereafter, learned Controlling Authority framed two issues for adjudication. Respondent No.1 examined herself and the petitioners examined D.R. Jatav, Horticulture Development Officer. Present petitioners opposed the application on the ground that respondent No.1 was not their regular employee, but she was engaged for few days in every month as per need. Respondent No.1 was paid minimum wages as fixed by the Collector, therefore, there was no relationship of employer and employee between then, hence he/she is not entitled to claim gratuity. After appreciating the evidence, learned Controlling Authority came to the conclusion that respondent No.1 comes under the category of 'employee' and covered under the Gratuity Act, therefore, she is entitled for the same. Learned Authority calculated the amount of gratuity at Rs.1,39,119/- on the basis of last wages drawn Rs.8,038/- per month and directed the present petitioners to pay the said amount along with interest @ 10% per annum.

(3.) Being aggrieved by the aforesaid order, present petitioners filed an appeal before the appellate authority. By order dated 17.11.2017, the appeal has been dismissed, hence the present petition before this Court.