IMPORTANT POINT
There is no relationship of consumer between the employer/appellant and the complainant/respondent and consequently there cannot be any deficiency of service by the employer for the purpose of payment of gratuity to the employee by the employer.

Prabir Kumar Samanta President—This appeal is by the Chief Executive (Works), The Hooghly Mills Co. Ltd., the employer of the complainant against the judgment and order of the Forum below thereby directing payment of the gratuity amount as claimed by the complainant to him with interest as also a sum of Rs.10,000 by way of compensation and Rs.1,000 as costs.

2. The short but most important question involved in this appeal is whether under the provisions of the Consumer Protection Act a Consumer Redressal Forum has the jurisdiction to decide the question as to the entitlement and/or payment of the gratuity amount by the employer to the employee.

3. The sole Respondent herein as being an ex-employee of the appellant, who retired on 27.11.2007 filed a complaint case before the Forum below by contending that he joined in the service on 15.6.1970 as a casual/Badli labourer and was made permanent subsequently and worked as a permanent employee till the date of his resignation on 27.11.2007. As per provisions of the Payment of Gratuity Act, 1972 and the Rules framed thereunder it is the duty of the employer to pay gratuity to his employees and non-payment of the same would attract a simple interest @ 10% per annum on the amount of gratuity payable. He accordingly claimed in a complaint case before the Forum below that he is entitled to the gratuity amount of Rs.1,09,626 but the appellant/ employer has not provided him a single farthing on such account in spite of several requests.

4. The appellant/employer contested the case by filing written objection by contending that the complaint case as above is not maintainable in the Forum constituted under the Consumer Protection Act. In other words since the complainant is an ex-employee under the appellant employer there is no relationship of consumer and/or service provider amongst them and as such the complaint under Section 12 of the Consumer Protection Act is not at all maintainable. The District Forum below has allowed the complaint case by directing payment as above by the appellant/employer to the complainant. On the question of maintainability it has only been held that it is a well settled principle of law that the special law overrides the general law and the complainant is a consumer under the appellant/employer as per provisions of Section 2(1)(g) of the Consumer Protection Act, 1986 and it is the obligation of the appellant/employer to make payment of the gratuity amount to the employee and, therefore, the appellant/employer is a service provider to the complainant in terms of Section 2(1)(o) of the Consumer Protection Act. The said judgment however does not reflect any reason and/or the logic whatsoever for holding as such. It is, therefore, very much necessary to decide in a case of this nature whether a relationship of consumer as per the provisions of Section 2(1)(d) of the Consumer Protection Act, 1980 exists in between an employee and the employer or the appellant/employer is a service provider to its employee for the purpose of payment of gratuity in terms of Section 2(1)(o) of the aforesaid Consumer Protection Act, 1986. “Consumer” has been defined in the said Act under Section 2(1)(d) of the Consumer Protection Act which reads as under:

“(d) “consumer” means any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other