IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-5545-CWP-2026 in/and CWP-7349-2026 Date of Decision : 16.04.2026 M/S VIG DIGITAL AND COLOR LAB NH 1 DURGA COLONY GT ROAD TEHSIL GHARAUNDA DISTRICT KARNAL HARYANA .....Petitioner VERSUS THE APPELLANT AUTHORITY UNDER PAYMENT OF GRATUITY ACT CUM DEPUTY LABOUR COMMISSIONER PANIPAT AND ORS.

.....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr.Sukh Dev Singh , Advocate, for the petitioner.

KULDEEP TIWARI, J.(Oral)

CM-5545-CWP-2026 Application is allowed, as prayed for subject to all just exceptions, and photocopy of reply/written statement, filed by the petitioner-firm to the claim application, is taken on record.

CWP-7349-2026

1. Through the instant petition, filed under Article 226/227 of the Constitution of India, the petitioner-management has challenged the order dated 08.09.2025 (Annexure P-1), passed by the learned Appellate Authority-cum-Deputy Labour Commissioner, Panipat, as well as the order dated 14.05.2024 (Annexure P-2), passed by the learned Controlling Authority under the ibid Act, wherethrough, the legal heirs of deceased workman-Ashwani Kumar (respondents no.2 to 5), were found to be entitled for the amount payable under the Payment of Gratuity Act, 1972, to the tune of Rs.94,924/-.

2. Learned counsel for the petitioner made two-fold submissions; (i) the petitioner-management is not covered under the Payment of Gratuity Act, 1972, as it employed only 09 workmen, whereas, at least 10 workmen are required to be employed; (ii) That deceased workman (Ashwani Kumar), has not served with the petitioner- management for the requisite time period, and even if, the case of the deceased workman, is taken to be a gospel truth that he joined in the year 2017, even then he has not completed the statutory period, entitling the legal heirs to receive the gratuity amount.

3. This Court has considered the submissions, as made by learned counsel for the petitioner and has perused the impugned Awards.

4. On perusal of the impugned orders, as well as the record of the case, this Court finds no merit in the instant case, for the reason that the attendance register as placed on record by the respondents, as Annexure P-5, clearly reflects that 09 workmen, were engaged by the petitioner-management, during the relevant period, i.e. from January, 2017 to March, 2019, and, in this period, the name of Ashwani Kumar, does not find mention, and his name finds mentioned from May, 2019 to February, 2020, however, as per the written statement, he was working since 2017. Therefore, the learned Tribunal concerned, has rightly concluded that 09 workmen including deceased Ashwani Kumar, whose name is not mentioned in the attendance register, the total comes to 10 workmen, which brings the petitioner-management, within the ambit of Gratuity Act of 1972.

5. Further, by placing reliance upon the photocopy of the bank pass book, which carries the address of Ashwani Kumar, through the firm, the respondent-LRs, establishes that deceased-Ashwani Kumar, at the best, was working with the petitioner-management, since 16.04.2004.

6. All the above, factual findings of the Controlling Authority, were affirmed by the learned Appellate Tribunal.

7. Learned counsel for the petitioner-management is unable to point out any illegality and perversity into the factual findings, as recorded by the learned Tribunal concerned, requiring this Court to take a different view. The relevant findings as recorded by the Controlling Authority, is extracted hereinafter:-

“Sh. Ravikant, summoned witness as AW-1 tendered copies of attendance register as Ex.A-1 (56 pages). A perusal of Ex.A-1 shows that there were 9 workers on roll from January, 2017 to March, 2019. Name of husband of applicant was entered in the attendance register from April, 2019 and total names of workers were entered in attendance register got 10. Although name of Ashwani Kumar was not entered in the attendance register during the period January, 2017