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2020 Supreme(SC) 823

A.M.KHANWILKAR, DINESH MAHESHWARI
Dhansai Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates appeared:
Mr. Shankar Divate, Advocate for the Appellant; Mr. Sumeer Sodhi, Advocate, Mr. Ashish Tiwari, Advocate, Ms. Simran Agarwal, Advocate, for the Respondent

ORDER

1. Leave granted.

2. The moot question involved in this appeal is: whether the service rendered as daily-wager before being regularized and given the status of a regular Government servant, can be reckoned, so as to invoke the provisions of the Payment of Gratuity Act, 1972 (for short, "the 1972 Act") after the age of superannuation and retirement as State Government employee?

3. The High Court of Chhattisgarh, Bilaspur (for short, "the High Court") relying on the definition of "employee" in Section 2(e) of the 1972 Act, has taken the view that the provisions of the 1972 Act have no application to a person who holds a post under the State Government and is governed by any other Act and in particular, the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, "the 1976 Rules").

4. The appellant would, however, rely on the recent decision of this Court in Netram Sahu vs. State of Chhattisgarh & Anr., (2018) 5 SCC 430 (two-Judge Bench) dealing with the similar argument by the appellant therein, who was appointed as a daily-wager and after working for 22 years, came to be regularized on work charge establishment but was denied gratuity, because on the day when he attained

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