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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Deputy Director, Animal Husbandry/Breeding Hamirpur – Appellant
Versus
Ishwar Dass – 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.2,77,614/- 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 27.01.1997. He joined his duties as such on 27.01.1997. His services were regularized on 16.08.2007. The respondent retired as a Class-IV employee on 30.04.2020 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
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 ....
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....
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.
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 Payment of Gratuity Act allows claims for both statutory and contractual gratuity to be adjudicated under the same authority, ensuring employee rights are protected.
The entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
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