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2022 Supreme(Ker) 1126

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Senior Superintendent of Post Offices Idukki Division – Appellant
Versus
Regional Labour Commissioner (Central) and Controlling Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manu S.
For the Respondent: Martin G. Thottan.

JUDGMENT :

1. All the above cases relate to the applicability and entitlement of the Gramin Dak Sewaks i.e. Extra Departmental Agents to receive gratuity under the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'Act') or whether they are governed by the Gramin Dak Sewak (Conduct and Engagement) Rules, 2011, which came into force on 18.4.2011 in supercession of the Gramin Dak Sewak (Conduct and Engagement) Rules, 2001. For convenience, the above cases are divided into two categories. The first batch of cases are of the Gramin Dak Sewaks who retired after 18.4.2011 and the second batch of employees who retired prior to 18.4.2011 when the Gramin Dak Sewak (Conduct and Engagement) Rules, 2001 was in force. By the orders impugned in these cases, the controlling authority under the Payment of Gratuity Act, 1972, found that all the employees are entitled to gratuity as they are covered by the Payment of Gratuity Act, 1972, and had allowed their claims as prayed for.

2. The first batch deals with cases covered by Gramin Dak Sevak (Conduct and Engagement) Ru

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