SH. RAM KRISHAN Vs. SH. RAM KRISHAN PRADESH

JUDGEMENT

(1.) Petitioner No. 1 was appointed on daily wage basis in the respondent-Corporation in the year, 1993. Petitioner No. 2 was appointed on daily wage basis in the year, 1994. They were declared surplus on 20.08.2007. Petitioner No. 1 was regularized as Water Carrier in the office of Superintendent of Police Kinnaur, District Kinnaur, Himachal Pradesh. Petitioner No. 2 was regularized as Attendant in the Animal Husbandry Department vide order, dated 20.08.2007. Petitioner No. 1 made a representation for payment of gratuity to the respondentCorporation on 11.09.2011. The representation made by the petitioner was rejected on 29.09.2011 vide Annexure P-3.

(2.) Mr. Devender Sharma, learned vice counsel for the petitioners has vehemently argued that his clients are entitled to gratuity under the Payment of Gratuity Act, 1972/ as per Clause 3.6(1) of Service Bye-laws of the Corporation. He also contended that his clients are entitled to statutory bonus as per Section 8 of The Payment of Bonus Act, 1965.

(3.) Mr. Bhupender Thakur, learned counsel for the respondents has argued that since the petitioners were working on daily wage basis, they are neither entitled to gratuity nor to the bonus.