S.N.Mishra, J.

1. In this writ application filed by the petitioners, namely, Mineral Area Development Authority, a very short but interesting question arises as to whether an employee, respondent No. 1 who was originally drawing a salary of less than Rs. 1000.00 per month continuously for more than five years on the date of commencement of the Payment of Gratuity Act, 1972, (hereinafter referred to as the Act) but subsequently drawing more than the statutory limit per month on the day of his retirement, will be deemed to be an employee within the meaning of Sec. 2(e) of the Act.

2. The fact of this case is not in dispute. The respondent- workman was previously appointed in the Jharia Mines Board of Health and Jharia Water Board constituted under the provisions of the Bihar and Orissa Mining Settlement Act, 1920 and Jharia Water Supply Act, 1914. By subsequent legislation, namely, Bihar Coal Mining Area Development Authority Act, 1986, the aforesaid two Boards were replaced. Subsequently by amendment the name of the Bihar Coal Mining Development Authority was changed to the Mineral Area Development Authority. All the employees of the aforesaid Jharia Mines Board of Health an