BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In Civil Writ Petition Nos. 5126 of 2004, titled Balwant Singh and others Versus State of Punjab and another,17633 of 2003 titled Technical Service Union, P.S.E.B Regd. Versus State of Punjab and another,362 of 2004 titled P.S.E.B Employees Struggle committee Regd. Versus State of Punjab and another,8455 of 2004 titled Sham Lal and others Versus State of Punjab and another, 7568 of 2005 titled Saroop Singh Bhullar ands others Versus Punjab State Electricity Board and others,15297 of 2005 titled Jaswant Singh Khanna Versus Controlling Authority and others, 15330 of 2005, titled Dyal Singh Shan Versus Controlling Authority and others, the petitioners have challenged the validity of notification dated 8.1.2004 vide which the Board has been exempted from making the payment of gratuity under the Payment of Gratuity Act, 1972 ( hereinafter referred to as the Act of 1972).

(2.) In Civil Writ Petition Nos.8531 of 2006 titled Punjab State Electricity Board and another Versus Assistant Labour Commissioner and others, 7170 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 7958 of 2006 titled Punjab State Electricity Board and another Versus Controlling Authority and others, 7959 of 2006 titled Punjab State Electricity Board and another Versus Controlling Authority and others, 7960 of 2006 Punjab State Electricity Board and another Versus Controlling Authority and others, 7961 of 2006 titled Punjab State Electricity Board and another Versus Controlling Authority and others,7963 of 2006 titled Punjab State Electricity Board and another Versus Controlling Authority and others,12572 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12573 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12578 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12580 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12584 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12624 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12635 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12636 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12753 of 2006, titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others, 12754 of 2006 titled Punjab State Electricity Board and another Versus Regional Labour Commissioner and others,10805 of 2007 titled Punjab State Electricity Board and another Versus Controlling Authority and others and 10806 of 2007 titled Punjab State Electricity Board Versus Controlling Authority and others, the Controlling Authority under the Act of 1972 has ordered to make payment of gratuity under the Act of 1972 along with interest instead of gratuity paid under the Civil Services Rules. The appeal filed by the Board has been dismissed.

(3.) In Civil Writ Petition Nos.4844 of 2004 titled Duni Chand Walia Versus The State of Punjab and another and 14834 of 2006 titled Mohinder Parkash Versus State of Punjab and others, the employees of the Board have been paid gratuity under the Civil Services Rules and they have sought directions to the Board to make the payment of gratuity under the Act of 1972.