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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice P. Dhanabal, J
Management of Salem Co-operative Sugar Mills Limited, represented by its Administrator – Appellant
Versus
Joint Commissioner of Labour (Incharge), (Appellate Authority under the Payment of Gratuity Act), Coimbatore – Respondent
ORDER :
(P. DHANABAL, J. )
This Writ Petition has been filed by the petitioner challenging the orders passed by the 1st respondent in A.G.A. Nos.163 to 168 of 2011 dated 03.12.2012 and to quash the same.
2. According to the Writ petitioner, the petitioner is a Cooperative Sugar Mill established in the year 1964 and had 281 permanent workmen and 225 seasonal workmen. The respondents workmen were engaged as seasonal workmen. While so, the respondents workmen filed an application for payment of gratuity before the 2nd respondent in PG Case Nos.2 to 7 of 2008 claiming gratuity @ 15 days' wages for each year of service rendered by them. The workmen were employed in the Writ Petitioner's Seasonal Establishment and therefore, they are entitled for gratuity @ 7 days' wages for each season. But the 2nd respondent passed a common order dated 18.08.2010 by holding that the workmen were entitled to gratuity @ 15 days' wages for each year of service and computed the amount. Challenging the said order, the Writ petitioner preferred an appeal before the 1st respondent and the 1st respondent also confirmed the order of the 2nd respondent through an order dated 03.12.20212. Now the said order is under
Seasonal workmen with over 20 years of service are entitled to gratuity at 15 days' wages per year, as per the Payment of Gratuity Act and relevant circulars.
Seasonal employees engaged for more than 240 days per year are entitled to gratuity at 15 days' wages per year under the Payment of Gratuity Act, not the lower rate.
Gratuity entitlements under the Payment of Gratuity Act apply equally to all employees regardless of employment classification, ensuring rights of workers with over 20 years of service.
Gratuity for workmen in non-seasonal employment is determined at 15 days per completed year of service, contrary to employer claims of 7 days for seasonal workers under the Payment of Gratuity Act.
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....
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....
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