COAL INDIA LTD Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) The short point that calls for determination in this case is whether an employee is entitled to the gratuity in terms of Section 4 of the Payment of Gratuity Act, 1972, after leaving the service and being re-appointed subsequently by the Company, as, in view of clear provisions contained in the said section that gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not more than five years.

(2.) In this matter, the employee claimed a sum of Rs. 4,745.25 ps. being gratuity payable to him, on the basis of 19 years of continuous service, and the controlling authority refused the claim but in an appeal, the Appellate Authority had allowed the claim and the petitioner moved the present writ petition against the appellate order.

(3.) Although the Rule was issued by this Court as far back on June 13, 1977, but initially no interim order was granted, but on Dec. 15, 1977, upon filing affidavit of service, the impugned appellate order dated October 24, 1976 and the Certificate proceedings mentioned in the petition were stayed by Amiya Kumar Mukherjee, J. (as His Lordship then was ) when no one appeared on behalf of the respondent workman or the Union.