CENTRAL COALFIELDS LTD Vs. PRABHAWATI RAIRKAR

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing Annexure 3, order dated 13.10.1977 passed by respondent No. 2, the appellate authority, under the Payment of Gratuity Act, 1972 (the Gratuity Act).

(2.) S.R. Rairkar was an employee of the petitioner, He superannuated on 26.9.1975. Before his employment under the petitioner, he was an employee of different collieries under different owners. When he was working in Kainpura Mining Syndicate, there was a dispute between Rairkar and his erst-while owners as to whether the services rendered by Rairkar in other collieries would be considered for the purpose of continuity in service. By an award on reference under Section 10 of the Industrial Disputes Act, the Tribunal held that R.S. Rairkar was entitled for a declaration of continuity of service. The colliery in question was nationalised with effect from 1.5.1973. Rairkar, therefore, became the employee of the petitioner.

(3.) In this application, the only ground on which Annexure-3 has been challenged by the petitioner is that in view of Section 7 of the Coal Mines (Nationalisation) Act, 1973, the petitioner is liable to pay gratuity to Rairkar for the period 1.5.1973 to 26.9.1975 and the erst-while employer of Rairkar was liable to pay gratuity for period prior to May, 1973.