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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Deputy Director, Animal Husbandry/Breeding Hamirpur – Appellant
Versus
Rup Singh Thakur – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
The petitioner/State feels aggrieved against the order dated 17.05.2023 passed by the Controlling Authority (Labour Officer), Bilaspur Zone, Bilaspur, H.P., directing the petitioner (respondent therein) to pay gratuity to the respondent (applicant therein). Petitioner’s grievance is also against the further order passed by the Deputy Labour Commissioner-cum-Appellate Authority, dismissing petitioner’s appeal against the aforesaid order and directing the petitioner to pay the balance amount of Rs.1,85,304/- along with accrued interest in favour of the respondent towards his gratuity.
2. Heard learned Additional Advocate General and considered the case file.
3. It is not in dispute that the respondent was appointed as a daily wage Class-IV employee on 26.03.1996. He joined his duties as such on 27.03.1996. His services were regularized on 11.07.2006. The respondent retired as a Class-IV employee on 31.03.2014 after attaining the age of superannuation. Since he was not paid gratuity, he approached the Controlling Authority under the Payment of Gratuity Act, 1972. The Controlling Authority, vide order dated 17.05.2023, took cognizance of the fact that the
Once employee services regularized, entire continuous service including prior daily wage period counts for gratuity computation on last wages without distinction between periods; employer cannot deny....
Regularized daily wage employee's entire continuous service, including pre-regularization period, qualifies for gratuity computation under Payment of Gratuity Act on last drawn wages; no distinction ....
The main legal point established in the judgment is the overriding effect of the Payment of Gratuity Act, 1972, over other enactments, and the requirement of continuous service for the payment of gra....
There is no specific provision that daily wagers are not entitled to the payment of gratuity. Considering the provisions of the Payment Of Gratuity Act, 1972 particularly Sections 3 to 5 and 14, it c....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
Point of Law : Section 2(e) of the Act reads as “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are expressed or implied, in any....
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
The court established that separate periods of employment can be treated independently for gratuity calculations, allowing employees to receive full gratuity for each distinct period of service witho....
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