HOOGHLY INFRASTRUCTURE PVT. LTD Vs. GOPAL DAS

JUDGEMENT

(1.) The present writ application has been preferred praying for direction upon the respondents to cancel and set aside the orders dtd. 29/11/2023 and 26/9/2024, passed by the Controlling Authority and the Appellate Authority respectively under the Payment of Gratuity Act, 1972.

(2.) The petitioner' case is that the respondent no. 1 was engaged in petitioner' company as a Badli worker on 7/5/1976. The respondent no. 1 got his provident fund membership only in the year 1980. The respondent no. 1 attained the age of superannuation on 1/7/2014 as a Badli. Throughout this period i.e., 7/5/1976 to 30/6/2014 the respondent no. 1 worked as badli employee i.e., in place and stead of permanent employees, who were absent for any reason whatsoever. The certified standing orders of the company authorises the company to engage "badli" workman as substitute of a permanent workman who used to be on leave or absent i.e., during temporary vacancy caused by absenteeism.

(3.) It is further submitted that the certified standing orders of the company authorities permits the company to engage badli workman as substitute of a permanent workman who used to be on leave or absent i.e., during temporary vacancy caused by such absenteeism.