JUDGMENT

Indu Malhotra, J.

Leave granted in both the special leave petitions.

2. A common question of law arises in both the appeals which are being disposed of by a common judgment. The facts in Sr. Superintendent of Post Offices v. Gursewak Singh & Ors. are being considered as the lead case.

3. The present Civil Appeal has been filed against the Order dated 01.12.2017 passed by a Division Bench of the Punjab & Haryana High Court at Chandigarh in LPA No. 1612 of 2017.

4. The factual matrix of the case, briefly stated, is as under:

4.1. On 26.06.1991, Respondent No. 1 was engaged as a Gramin Dak Sewak i.e. an Extra-Departmental Agent, to work on a part-time basis in the Postal Department at Faridkot, Punjab.

4.2. In 2014, Respondent No. 1 voluntarily resigned from the said part-time job. On 28.08.2014, the Department accepted the resignation, and Respondent No. 1 was discharged with immediate effect.

4.3. Respondent No. 1 approached the Controlling Authority-cum-Assistant Labour Commissioner, Central Jalandhar, seeking gratuity under the Payment of Gratuity Act, 1972 (herein after referred to as "the 1972 Act").

4.4. The Appellant - Department took the stand that Respondent No. 1 was not en