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SARAL SRIVASTAVA
U. P. State Road Transport Corporation Gorakhpur – Appellant
Versus
Sujayat Ali – Respondent
| Table of Content |
|---|
| 1. common question across writ petitions (Para 1 , 2 , 3) |
| 2. eligibility for gratuity payment (Para 4 , 5) |
| 3. interpretation of section 4(2) of act (Para 6 , 8) |
| 4. entitlement to gratuity including temporary service (Para 9 , 10 , 11) |
| 5. dismissal of writ petitions (Para 12 , 13) |
JUDGMENT
Saral Srivastava, J.
Heard Amit Dwivedi, Advocate holding brief of Sri Sunil Kumar Misra, learned counsel for the petitioner and learned counsel for the respondents.
2. Since, these three writ petitions involve common question, therefore, they are being decided by this common judgement.
3. For convenience, the facts are being delineated from Writ C- No. 37690 of 2022.
4. The petitioner petitioner by means of the present writ petition has assailed the order dated 22.12.2020 passed by the Controlling Authority, Payment of Gratuity Act, 1972/Assistant Labour Commissioner, U.P. Gorakhpur (hereinafter referred to as 'Prescribed Authority') whereby Prescribed Authority has awarded gratuity to the respondent no.1 for the period 06.01.1977 to 02.03.1983 i.e. the period during which respondent no.1 was employed as daily wager.
5. Challenging the aforesaid order learned counsel for the petitioner h
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....
Regularized daily wage employee's entire continuous service, including pre-regularization period, qualifies for gratuity computation under Payment of Gratuity Act on last drawn wages; no distinction ....
Once employee services regularized, entire continuous service including prior daily wage period counts for gratuity computation on last wages without distinction between periods; employer cannot deny....
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....
The main legal point established in the judgment is the need for the Appellate Authority to adjudicate the issue of jurisdiction raised by the Union of India and the stay of the recovery notice, subj....
An employer must pay gratuity within 30 days and is liable for interest if delayed, regardless of an employee's application.
The court emphasized the overriding effect of section 14 of the Act of 1972 and the assurance that employees should receive better terms of gratuity under sub-section 5 of section 4.
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