SATYAWATI MALHOTRA Vs. STATE WAREHOUSING CORPORATION

JUDGEMENT

(1.) IN this writ petition, Smt. Satyawati Malhotra wife of late Shri R. L. Malhotra. Ex-Manager, State Warehousing Corporation, Rohtak, has prayed for quashing the order dated December 27, 1985, copy of which is Annexure P-2 to the writ petition, whereby the respondent-Corporation had declined the prayer of the petitioner for the release of gratuity in respect of her late husband.

(2.) BRIEF facts of the case are that the husband of the petitioner, Shri R. L. Malhotra, while working as Manager in the respondent-Corporation died on December 16, 1982 after rendering near about eighteen years' service. The petitioner after the death of her husband made representation dated November 4, 1985, copy of which is Annexure P-1 to the writ petition, to the respondent authorities for the release of gratuity payable to her husband under the Payment of Gratuity Act, 1972. The said representation was declined vide order dated December 27, 1985 copy of which is Annexure P. 2 to the writ petition.

(3.) AGGRIEVED against the aforesaid order, the petitioner has filed the present writ petition. It was contended on behalf of the petitioner that in accordance with the provisions contained in Section 2 (e) of the Payment of Gratuity Act (hereinafter referred to as 'the Act'), all those employees who are employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied and whether or not such person is employed in a managerial or administrative capacity, are entitled to gratuity. According to the learned counsel, the duties performed by the husband of the petitioner while working as Manager were supervisory in nature. As such the petitioner is entitled to the payment of gratuity.