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ABDUL MOIN
Mahendra Singh Kanwal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Abdul Moin, J.)
Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent and Shri Rajeeva Kumar Sinha, learned counsel appearing for respondent Nos. 2 and 3.
2. Learned counsels for the parties contend that the issue involved in all the four writ petitions are same. As such, the Court proceeds to hear all the writ petitions together and they are being decided by way of a common judgement. For convenience, facts of WRIT - A No. 11509 of 2024 are being taken.
3. Under challenge is the order dated 20.9.2024, a copy of which is Annexure-1 to the petition, whereby the claim of the petitioner for gratuity on the basis of entire length of service rendered as Daily Wager has been rejected.
4. Contention of the learned counsel for the petitioner is that the petitioner was appointed in the year 1984 as a Daily Wager and has been regularized vide order dated 1.2.2014 and retired on 29.9.2019. Contention is that although the respondents have paid the gratuity to the petitioner but it is only the period of his regular service which has been counted by the respondents for payment of gratuity while the period of his services rendered as daily wager whic
The entire service period of a Daily Wager qualifies as 'continuous service' for gratuity under the Payment of Gratuity Act, 1972, but writ petitions should not be entertained when an alternative sta....
Writ petitions challenging awards under the Payment of Gratuity Act are not maintainable when alternative statutory remedies are available.
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....
The High Court can entertain a writ petition despite the availability of an alternative remedy if the order is arbitrary or unjust, emphasizing the need for fairness in administrative actions.
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