( 1 ) SAME question arises in all these petitions. The Food Corporation of India who is the employer challenges orders passed by the Controlling Authority under the Payment of Gratuity Act 1972 as confirmed by the Appellate Authority under the said Act. The dispute relates to such pay ment to the employees who are members of the Transport and Dock Workers Union. The controversy is quire simple. There may be employees who start their career on a salary below Rs. 1 0 and in the course of their career get enhanced salaries. When such salary exceeds Rs. 1000. 00 per mensem (Rs. 1 600 per mensem after the amendment under Act 25 of 1984 ). Such persons are no longer entitled to claim that they are employees entitled to gratuity under the Payment of Gratuity Act 1972 The definition of employee without the Explanation thereto would operate to exclude any person employed on wages exceeding Rs. 1 0 per mensem as it stood prior to amendment by Act 25 of 1984 and Rs. 1 600 per mensem after such amendment. Under sec. 4 of the abovesaid payment of Gratuity Act gratuity is payable to an employee on the termination of his employment after he has rendered continuous service for not le