GRAM PANCHAYAT Vs. RANG LAL

JUDGEMENT

(1.) By this writ petition, the Petitioner has challenged the judgment and order dated November 30, 1999 (Anx.2) passed by the Controlling Officer under the Payment of Gratuity Act, Sawai Madhopur in Claim No. PGA 1/1998.

(2.) The brief facts of the case are that the Respondent No. 1 Rang Lal, filed an application under Section 7 of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act of 1972'), before the Controlling Officer stating therein that he had worked as Class-IV employee in Gram Panchayat, Shivad from 1963 to January 6, 1998 and on attaining the age of superannuation, he retired on January 6, 1998. At that time, his salary was Rs. 950/- per month but he was not paid gratuity though he completed 35 years' service. The Respondent No. 1 claimed a sum of Rs. 19,163/-on account of gratuity. The Respondent No. 1 prayed for a direction to the Gram Panchayat, Shivad to make payment of gratuity on the basis of length of his service.

(3.) In reply, the Petitioner Gram Panchayat took the objection that the provisions of the Act of 1972 are not applicable to the Panchayati Raj Institutions. One more objection was taken that the Respondent No. 1 was appointed temporarily on daily wages and on abolition of octroi, workers who were more than 60 years of age, were removed from service.