LAWS(HPH)-2018-7-53

PRINCIPAL SECRETARY (FORESTS) TO THE GOVERNMENT OF HIMACHAL PRADESH AND ANOTHER Vs. SHRI RAM DASS AND ANOTHER

Decided On July 11, 2018
Principal Secretary (Forests) To The Government Of Himachal Pradesh And Another Appellant
V/S
Shri Ram Dass And Another Respondents

JUDGEMENT

(1.) The short issue which arises for consideration in the present petition, is as to whether findings of fact returned by the authorities below, holding the respondents herein entitled to the benefits of payment of gratuity under the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as "the Act") are borne out from the record; can be said to be perverse or illegal, warranting interference by this Court, in a writ petition filed under Article 226 of the Constitution of India or not?

(2.) Certain facts are not in dispute. Private respondents were engaged by the Forest Department of State of H.P. in different divisions; they have discharged their duties to the satisfaction of the employer ; they have been regularly withdrawing their salaries.

(3.) Only for the reason that their employment was on daily wage basis , benefit of payments under the provisions of the Act stood declined to them.