Judgment

SAWANT, J. :- These two appeals - one by the Union of India and the other by the aggrieved employee - are directed against the decision dated 24th March, 1983 of the Punjab & Haryana High Court whereby the High Court has struck down Section 4(l)(b) of the Payment of Gratuity Act, 1972 [hereinafter referred to as the Act] as being violative of Article 19(l)(g) of the Constitution of India.

2. The admitted factual matrix of the case is in a narrow compass. Bakshish Singh, the appellant-employee joined the services of the respondent-M/s. Darshan Engineering Works as a Fitter on 2nd March, 1968 and resigned from service on 10th December, 1978 after a total period of continuous service of more than 10 years. His last drawn wages were Rs. 335/- per month. It is not disputed that at the time he joined the employment on 2nd March, 1968, his age was 54 years 3 months, his date of birth being 17th December, 1913. This was known to the respondent-employer.

3. The Act came into force w.e.f. 21st September, 1972. On the employees resignation w.e.f. 10th December, 1978 which was accepted by the respondent-employer, he claimed gratuity under Section 4(1)(b) of the Act. His claim not having