( 1 ) THE question involved in the instant writ petition is whether provisions of Payment of gratuity Act, 1972 are applicable to Municipal council, Panna, the petitioner, and the order of Controlling Authority directing Municipal council to pay the gratuity amounting to Rs. 14507. 00 along with interest at the rate of 10% simple interest with effect from September 1, 1996 is proper.

( 2 ) THE petitioner was employed as timekeeper. He was appointed on January 1, 1975 and was removed from the service on august 31,1996. He served for a period of 21 years and 8 months. His last pay was Rs. 1,1437- p. m. Petitioner claimed entitlement for gratuity amounting to Rs. 15,840. 00.

( 3 ) CONTROLLING Authority issued notice to the Municipal Council, Panna. The petitioner herein, in reply contended that respondent no. 2 was appointed as muster roll employee. Initially his services were terminated on March 12, 1985. Thereafter he was employed on temporary basis for 89 days. Since respondent no. 2 completed the age of 65 years, he was removed from the service. Additionally it was contended that since respondent no. 2 was not in regular employment, hence provisions of payment of Gr