HOOGHLY INFRASTRUCTURE PVT. LTD. Vs. SK. ALAM ISMAIL

JUDGEMENT

(1.) The present writ application has been preferred praying for direction upon the respondents to cancel and set aside the orders dtd. 21/11/2023 and 18/9/2024, passed by the Controlling Authority and the Appellate Authority respectively under the Payment of Gratuity Act, 1972.

(2.) The petitioner's case is that the respondent no. 1 was engaged in petitioner's company as a Badli worker on 24/5/1978. The respondent no. 1 got his provident fund membership only in the year 1981. The respondent no. 1 attained the age of superannuation on 1/7/2015 as a Badli. Throughout this period i.e., 24/5/1978 to 30/6/2015 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.