HOPE TEXTILES LTD. Vs. HARIPRASAD

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 6.12.2013 passed by Controlling Authority under Payment of Gratuity Act (hereinafter, for short, "the Act"?) and order dated 20.5.2015 passed by the appellate authority whereby the appeal has been dismissed and the order of Controlling Authority has been affirmed.

(2.) Facts of the case, in short, are as under :

(3.) Shri Prateek Patwardhan, learned counsel for the petitioner, submits that the petitioner company had stopped the production activities in the year 1986 and thereafter did not pay any salary or wages to its employees including the respondent. The gratuity is always liable to be calculated on the basis of wages paid during the course of employment to its employees. Since, after 1986 there was no employment or release of salary or wages, therefore, there is no question of calculating the gratuity till the age of superannuation. In support of his contention, he has placed reliance over the definition of 'wages' as provided in Section 2(s) of the Act.