1. In both these petitions, the Controlling Authority under the Payment of Gratuity Act, 1972 (for short, “the said Act”) has passed an order holding that the respondent employees are entitled to gratuity in terms of subsection (2) of Section 4 of the said Act for every completed year of service or part thereof in excess of six months, at the rate of fifteen days' wages based on the rate of wages last drawn by the employee. The case of the petitioner employer before the authorities below was that both the employees were entitled to payment of gratuity at the rate of seven days' wages for each season, being employed in seasonal employment and covered by the second proviso below sub-section (2) of Section 4 of the said Act. According to the petitioner employer, both the employees were paid accordingly the gratuity under the said proviso as seasonal employees and in fact the respondent Sk. Ramzan s/o Sk. Karim in Writ Petition No.3026 of 2009 has accepted such payment of Rs.8,925/without any protest.

2. It is not in dispute that the employee Mohan Chavan in Writ Petition No.3023 of 2009 was working as Wireman in the establishment of Ginning and Pressing Factory run by the pet