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ALOK MATHUR
Secy. Co-Operative Cane Development Union Ltd. – Appellant
Versus
Gyan Prakash Sharma – Respondent
| Table of Content |
|---|
| 1. payment of gratuity to seasonal employees (Para 2) |
| 2. previous judgments and their finality (Para 3 , 4) |
| 3. consolidation of past cases emphasizes eligibility requirements for gratuity. (Para 5 , 6) |
| 4. final order and payment directives (Para 7) |
JUDGMENT
Alok Mathur, J.
Heard Sri Anand Shanker Asthana, learned counsel for the petitioner, Sri Sanjai Kumar Singh, learned counsel for the respondent no.1 as well as learned State Counsel and perused the records.
2. The controversy in the present case in regarding the payment of gratuity to the seasonal employees, employed with the CoOperative Cane Development Union Ltd., Phardhan, District Lakhimpur Kheri, at the rate of 15 days' wages each year for service rendered by them.
3. Sri Anand Shanker Asthana, learned counsel for the petitioner and Sri Sanjai Kumar Singh, learned counsel for the respondent no.1 both have jointly informed this Court that the aforesaid controversy has been decided by this Court in two judgments, namely, Mahak Singh v. Appellate Authority/Deputy Labour Commissioner, Payment of Gratuity in Writ-C No.11140 of 2019 dated 24.07.2019 and also in Misc. Single No.8053 of 2011 ( Daya Shankar Agnihotri v.
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.
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.
The Payment of Gratuity Act, 1972 overrides contractual agreements, ensuring gratuity eligibility is determined by statutory provisions rather than settlement terms.
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....
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....
Consolidated pay does not exempt employees from gratuity rights under the Payment of Gratuity Act, 1972; entitlement extends to all employees as defined.
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....
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