IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15443 of 2024 Decided on: 24^th February, 2026.

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State of H.P. & Ors. …..Petitioners Versus Binu Ram .....Respondent ------------------------------------------------------------------ -------------------------

Coram f Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Ms. Seema Sharma, Deputy Advocate General.

For the Respondent: Ms. Tanu Sharma, Advocate.

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Jyotsna Rewal Dua, Judge Learned counsel for the respondent submits that in light of the im pugned order passed by the learned Appellate Authority under the Payment of Gratuity Act, 1972, the respondent does not intend to file any separate reply to the writ petition and will reiterate the findings recorded in the impugned order.

In view of the above, and with the consent of learned counsel for the parties, the matter has accordingly been heard at this stage.

2. The respondent was employed as a daily wage Chowkidar with the petitioners–Forest Department in the year 1998.

Whether reporters of print and electronic media may be allowed to see the order? Yes.

His services were regularized as Chowkidar on 25.08.2006. He retired upon attaining the age of superannuation on 31.10.2017. The last wages drawn by the respondent as on 31.10.2017 were Rs.

23,500/-. Gratuity was not paid to the respondent by the petitioners/employers. The respondent accordingly lodged his gratuity claim before the competent authority.

The Controlling Authority-cum-Labour Officer, Kullu, adjudicated the claim in respondent’s favour on 15.11.2022. The respondent was held entitled to Rs. 2,47,457/- towards gratuity. For computing the gratuity payable to the petitioner, his last drawn wages were taken as Rs. 23,500/-. Statutory interest was also held payable by the employer. The employer assailed the order dated 15.11.2022 before the Appellate Authority. The ground urged before the Appe llate Authority, which is also reiterated in the present writ petition, essentially pertains to the gratuity payable to the respondent vis-à-vis the service rendered by him on daily wage basis. According to the employers/petitioners, the respondent served on daily wage basis from the year 1998 up to 24.08.2006, therefore, gratuity for the said period was to be computed under the Payment of Gratuity Act, and for the remaining period, gratuity was to be calculated in accordance with the Central Civil Services (CCS) (Pension) Rules, 1972. The Appellate Authority dismissed the appeal on 20.04.2024 as under: -

“The Appellant/Employer has deposited an amount of Rs.

1,26,231/- vide demand draft No. 125361, dated 15.05.2023 as determined and ordered to be paid by the Controlling Authority with the appeal. The amount of Rs. 1,26,231/- along Pwith the interest accrued will be paid to the Respondent/Claimant as and when application for the same is received .and the Appellant/Employer is further directed to pay Hbalance amount of gratuity amounting to Rs. 10,139/- (Rs. 1,36,370/- (-) Rs. 1,26,231/-) to the Respondent/Claimant alo ngwith simple interest @ 9% from the date of filing application till the payment is actually made.

These directions are made on the basis of service details stated by the Appellant/Employer and available in the case file and if some changes have taken/take place on about; service particulars, last wages/salary drawn, payments made on account of payment of 'Gratuity' or inadvertent arithmetical calculation errors are identified, subsequently, therefore in such circumstances these directions/orders shall stand modified accordingly.

These payments are further subject to provisions contained in Section-2(h) (i) of the Act, if any change in the status of Claimant or family members takes places till the payments are actually made.

g The appeal is accordingly dismissed. An