1. In both these matters, the respondent No.3, was working as Choukidar and both of them had completed 19 and 17 years service respectively. The authorities below have recorded the finding that both of them worked throughout the year in the establishment of the petitioner and hence, were entitled to payment of gratuity under Section 4(2) of the Payment of Gratuity Act.

2. It is the case of the petitioner in both these petitions that the respondent No.3 in both these petitions were working in the seasonal establishment and hence they were entitled to gratuity at the rates specified in second proviso below subsection (2) of Section 4 of the Payment of Gratuity Act.

3. The question involved in the present case is covered by the decision of this Court in Writ Petition No. 3023 of 2009 in the case of Madhaodas Janidas Mohta Ginning and Pressing Factory vrs. Hirabai Mohan Chavan and other connected matters, delivered on 20.04.2017. Para 6 of the said decision being relevant, is reproduced below.

"6.Merely because an establishment is categorized as seasonal establishment, does not advance the case to claim benefit under the second proviso so as to qualify for the benefit of payment