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ALOK MATHUR
U. P. Bhoomi Sudhar Nigam – Appellant
Versus
Appellate Authority Under P. G. – Respondent
JUDGMENT
Alok Mathur, J.
The petitioner which is a corporation of the State of U.P. has filed the present writ petition challenging the orders dated 30.3.2019 and 28.9.2022 passed by the Prescribed Authority and the Appellate Authority under the provisions of the Payment of Gratuity Act, 1972.
2. The facts in brief are that the respondent no.3 was employed with the petitioner on the basis of contract entered into between the parties on consolidated salary w.e.f. 25.6.1998. He had worked with the petitioner for a period of 9 years and his services were dispensed with on 30.9.2007 after working for 9 years.
3. Respondent no.3 had filed an application for grant of gratuity as per provisions of the Payment of Gratuity Act, 1972. He has stated that he has continuously worked with the petitioner and he was covered within the definition of 'employee' as provided in the Act of 1972 but despite his application the amount of gratuity was not paid by the petitioner, accordingly, he filed an application for Payment of Gratuity before the controlling authority/ Assistant Labour Commissioner, Lucknow.
4. The Assistant Labour Commissioner/ Prescribed Authority considered the arguments and the averm
Gratuity entitlement under the Payment of Gratuity Act depends on the interpretation of 'continuous service', applicable to contractual employees.
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 ....
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....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
The entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
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