STATE OF H P Vs. LASHKARI RAM

JUDGEMENT

(1.) BY way of this petition the State has challenged the orders passed by the Appellate authority dated October 24, 2003 and the labour Officer-cum-Controlling Authority, dated September 23, 2002. The brief facts necessary for the adjudication of this petition are that the respondent-workman has served the himachal Pradesh Irrigation and Public Health division, Sarkaghat, as daily wage worker w. e. f. March, 1982 to December 31, 1993 and thereafter his services were regularized as water guard-helper from January 1, 1994. He retired from service after attaining the age of superannuation on October 31, 2001. He submitted an application under sub-rule (10) of rule 7 of the Payment of Gratuity Act, 1972 on november 27, 2001 to the Executive Engineer, 1 and PH Division, Sarkaghat. He was paid a sum of Rs. 17,269/- as terminal gratuity. The respondent herein will be addressed as 'workman' for convenience.

(2.) THE workman filed claim before the labour Officer-cum-Controlling Authority (under the Payment of Gratuity Act, 1972), mandi under sub-rule (1) of Rule 10 of the himachal Pradesh Payment of Gratuity Rules, 1972. The gist of the claim before the Labour officer was that the employer has not included the period of daily wages service from March, 1982, to December 31, 1993.

(3.) THE Executive Engineer, Irrigation and public Health division Sarkaghat sent a. letter to the Labour Officer-cum-Controlling Authority on August 16, 2002 'mentioning therein, ;that the petitioner was only entitled to sum of Rs. 17,269/ -.