MUNICIPAL COMMITTEE, GHARAUNDA, DISTRICT KARNAL THROUGH ITS SECRETARY Vs. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT/DEPUTY LABOUR COMMISSIONER, PANIPAT AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioner - Municipal Committee, Gharaunda, questioned the validity of the award dated 18.8.2011 (Annexure P-4) passed by Appellate Authority, Payment of Gratuity Act, 1972/Deputy Labour Commissioner, Panipat.

(2.) The 2nd respondent was appointed as a Clerk in the petitioner's Municipality on 13.6.1967. He has attained the age of superannuation and retired from service on 30.9.2004. Employees of the Municipal Committee, Gharaunda, District Karnal, are governed by Punjab Civil Services Rules (as applicable to Haryana), for the purpose of service conditions, including grant of retiral benefits like pension, gratuity etc.

(3.) On 19.3.2001, State of Haryana invoked sub-section (1) read with sub-section (3) of Sec. 5 of the Payment of Gratuity Act, 1972 (Act 39 of 1972) by which exempting all the Municipalities in the State of Haryana from the operation of the provisions of the Payment of Gratuity Act, 1972, with effect from 16.4.1992.