H P S E B Vs. BALAK RAM

JUDGEMENT

(1.) THIS petition is directed against the order of the Appellate Authority-cum-Joint Labour commissioner dated November 16, 2000.

(2.) THE brief facts necessary for the adjudication of this petition are that the respondent No. 1 (hereinafter referred to as the workman for convenience) was engaged as daily rated Beldar with effect from August 26, 1993 upto June 3, 1995. The workman was thereafter regularized as 't' mate. He retired as 't' Mate from the service of the Board on december 31, 1998. He filed an application under Section 7 of the Payment of Gratuity Act, 1972 (hereinafter referred to as the Act) before the Controlling Authority (Labour Officer ). The Controlling Authority vide order dated march 20, 2001 directed the Board to pay the workman a sum of Rs. 34,238/- within 30 days on the receipt of the notice. Feeling aggrieved by the order dated March 20, 2001, the Board had filed an application under Section 151 of the Code of Civil Procedure seeking review of order dated March 20, 2001 before the controlling Authority. The Controlling authority rejected the review application of the board on July 4, 2001. Feeling aggrieved by the orders passed by the Controlling Authority the board had filed appeal through its superintending Engineer (OP) Circle H. P. and additional Superintending Engineer, Electrical division, HPSEB, Bilaspur before the appellate Authority. The Appellate Authority decided the appeal on November 16, 2002 and had directed the Board to make the payment of rs. 54,567/- towards the gratuity to the workman.

(3.) SHRAWAN Dogra, advocate appearing on behalf of the Board has strenuously argued that the orders passed by the Controlling Authority and the Appellate Authority are not in accordance with law. Dogra has elaborated his submission further by submitting that the period the workman was engaged as a Beldar with effect from August 26, 1983 to June 3, 1995 was to be calculated under the Payment of gratuity Act, 1972 and after the regularization of the workman the period from 1995 to december 31, 1998 is to be counted under the ccs (Pension) Rules, 1972.