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SANJAY VASHISTH
Senior Superintendent of Post Offices, Kapurthala Division, Kapurthala (Punjab) – Appellant
Versus
Gian Chand – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
By this common judgment, total 33 writ petitions would be disposed of, as in all the aforementioned writ petitions, common question of law and facts are involved.
For the purpose of determining the entitlement to the gratuity amount, one common question of law is involved i.e.; "Whether the Gram Dak Sevak (GDS) is an employee as per Section 2(e) of the Payment of Gratuity Act, 1972, and is entitled to the payment of gratuity under the said Act ?".
Without examining the question, the statutory authorities i.e. the concerned Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972 (for brevity, 'Act of 1972'), have decided the claim for gratuity in favour of the employee(s) i.e. respondent No.1 (workmen in all the aforementioned writ petitions). Thus, in all the writ petitions, filed by the Senior Superintendent of Post Offices, the order passed by the respective Controlling Authority and the Appellate Authority have been challenged before this Court.
For doing the said exercise, the facts and circumstances enumerated in CWP-13542-2019 (O&M), titled as, "The Senior Superintendent of Post Offices, Kapurthala Divisi
Gramin Dak Sevaks are not considered employees under the Payment of Gratuity Act, 1972, and must seek gratuity under the GDS (Conduct & Engagement) Rules, 2011.
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
Gramin Dak Sevaks' service cannot be counted for pension eligibility under existing rules and prior judgments affirm this.
GDS service, being outside civil service and part-time, cannot be counted towards qualifying service for pension with regular MTS tenure.
The main legal point established in the judgment is that the entitlement to gratuity under a specific regulation and a general act was determined based on the fulfillment of conditions of eligibility....
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
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