RAWEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the order of Appellate Authority under the Payment of Wages Act, dismissing the case of the the petitioner for grant of gratuity amount due to him consequent upon his retirement.

(2.) THE petitioner joined the service of the Punjab Roadways as a Driver on 17. 4. 1951. He continued to serve as such till January, 1980 when his services were transferred to Municipal Corporation, Jalandhar. The petitioner retired from service on 31. 3. 1982. On his retirement, he made a representation to the State of Punjab as well as the General Manager, Punjab Roadways, for the payment of gratuity amount due to him. There was some confusion at the level of Punjab Roadways as well as State of Punjab, as to who is infact liable to pay the gratuity amount. The petitioner was entitled to gratuity amount for the period he served the Punjab Roadways, and the Municipal Corporation was saying that it was liable to pay the amount only for the period the petitioner served in the Corporation. The petitioner thereafter, served a notice on 1. 9. 1982 under Section 80, Code of Civil Procedure, on the State of Punjab, through its Secretary, Government of Punjab, Local Self Department. The General Manager, Punjab Roadways, Jalandhar, as well as Municipal Corporation, Jalandhar. Despite the issuance of said notice, the full gratuity amount was not paid to the petitioner. Therefore, the petitioner was left with no other remedy except to approach the authority under the Payment of Wages Act, by way of an application for the grant of said amount.

(3.) THE application was contested by the respondents. On the basis of pleadings of the parties, the following issues were framed by the authority under the Payment of Wages Act :