JUDGMENT :

Milind N. Jadhav, J.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The present Petition has been filed by the Municipal Council, Achalpur, challenging the judgment dated 06.01.2017 in Payment of Gratuity Appeal No. 5/2015, passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Amravati and the judgment dated 26.06.2015 passed in Application PGA No.49/2012 by the Controlling Authority under the Payment of Gratuity Act, Labour Court, Amravati. Both the above concurrent judgments have been impugned in the present Writ Petition.

3. Relevant facts required to be cited for the purpose of deciding the present controversy are as under:

(a) The Respondent was initially appointed by the Petitioner Municipal Council as a daily wager in the department of Family Planning Survey and Low Cost Sanitation Survey with effect from 02.06.1984. There is no dispute that though the Respondent was a daily wager performing services of a Clerk. The services of the Respondent came to be terminated by the Petitioner Municipal Council on 01