D. Y. CHANDRACHUD, MANOJ KUMAR GUPTA
U. P. STATE SUGAR CORPORATION – Appellant
Versus
SHARADA DEVI – Respondent
By the Court.—The special appeal has arisen from a judgment and order of a learned Single Judge dated 6 February 2015 allowing a writ petition filed by the first and second respondents. The writ petition was filed by the first and second respondents for the payment of an amount of Rs. 2,45,360/- towards the balance of dues on account of gratuity payable in respect of the services of a deceased employee.
2. Mani Ram was initially engaged as a Welfare Officer Grade-III on 3 June 1973 by Mahavir Sugar Mill Pvt. Ltd. The Mill was taken over under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971 (Acquisition Act). After acquisition, the services of the employee were transferred under Section 16 of the Acquisition Act on the same terms and conditions on which he was engaged by the private mill which was acquired. Mani Ram retired on attaining the age of 60 years on 29 February 2008 and was paid an amount of Rs. 3.50 lacs as gratuity under the Payment of Gratuity Act, 1972 (Gratuity Act). He filed a writ petition before this Court seeking the benefit of the payment of gratuity under the Uttar Pradesh Factories Welfare Officers’ Rules, 1955 (Factories Welfare Rules). Un
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