2019 Supreme(All) 2098

IN THE HIGH COURT OF ALLAHABAD
Yogendra Kumar Srivastava, J.
Nagar Nigam Gorakhpur - Appellants
Vs.
Suresh Pandey and Ors. - Respondents
Civil Misc. Writ Petition Nos. 45310, 45311, 45314, 45316, 45318, 45533, 45536, 5542, 5545, 45550, 45558, 45570, 45581, 45589, 45602, 45605, 45608, 45611, 45613, 45641 and 45751 of 2017
Decided On : 12-09-2019

Headnote:

Constitution of India, 1950 – Article 226 – Payment of Gratuity – Claiming for – When granted – Petition filed by the petitioner-Nagar Nigam, against the orders passed by the Controlling Authority under the Payment of Gratuity Act, 1972/Assistant Labour Commissioner, U and also the orders passed by the Appellate Authority/Deputy Labour Commissioner – Appeal – Held, Provisions of the P.G. Act, 1972 having been made applicable to local bodies which includes Municipal Corporations in terms of the notification issued by the Central Government in exercise of powers conferred under Section 1(3)(c) the same would be applicable to the employees governed by Regulations 1990 in the absence of any exemption notification having been issued with regard to the petitioner-establishment under Section 5 and it will have an overriding effect by virtue of Section 14 over any scheme which is less favourable to the said employees – Petitioner has not been able to dispute the aforementioned legal proposition and has not been able to point out any material error or irregularity in the orders passed by the Controlling Authority and the Appellate Authority so as to warrant interference in exercise of powers in writ jurisdiction under Article 226 of the Constitution of India – Petitions lack merit and are accordingly dismissed. [Paras 71, 72 and 73]

Facts of the case:

The present writ petition and the connected writ petitions have been filed by the petitioner-Nagar Nigam, Gorakhpur through its Nagar Ayukt against the orders passed by the Controlling Authority under the Payment of Gratuity Act, 1972/Assistant Labour Commissioner, U.P. Gorakhpur and also the orders passed by the Appellate Authority/Deputy Labour Commissioner, U.P. Gorakhpur.

Findings of the case:

Provisions of the P.G. Act, 1972 having been made applicable to local bodies which includes Municipal Corporations in terms of the notification issued by the Central Government in exercise of powers conferred under Section 1(3)(c) the same would be applicable to the employees governed by Regulations 1990 in the absence of any exemption notification having been issued with regard to the petitioner-establishment under Section 5 and it will have an overriding effect by virtue of Section 14 over any scheme which is less favourable to the said employees – Petitioner has not been able to dispute the aforementioned legal proposition and has not been able to point out any material error or irregularity in the orders passed by the Controlling Authority and the Appellate Authority so as to warrant interference in exercise of powers in writ jurisdiction under Article 226 of the Constitution of India.

Result: Petitions lack merit and are accordingly dismissed.