The Management v. The Appellate Authority Under
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.6086 of 2018 The Management Tamil Nadu Agricultural University Horticultural Research Center Ondikadai Post Yercaud 636 601 ..
Petitioner -vs1. The Appellate Authority under the Payment of Gratuity Act and Joint Commissioner of Labour Coimbatore
2. The Controlling Authority under the Payment of Gratuity Act and the Assistant Commissioner of Labour Salem
3. Tmt.T.Sivamanickam ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the records relating to order dated 14.09.2017 in A.G.A.No.11 of 2017 passed by the first respondent and quash the same as being illegal, arbitrary and unconstitutional.
For Petitioner :: Mr.Abdul Saleem For Respondents:: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 & 2
ORDER
This writ petition has been filed challenging the correctness of the impugned order dated 14.9.2017 passed in A.G.A.No.11 of 2017 directing petitioner to pay gratuity to the third respondent for a period of 31 years applying the provisions of the Act.
2. Learned counsel for the petitioner submitted that the third respondent was engaged as a casual labour in the Research Centre at Yercaud from 1983 on daily wage basis at the rate of Rs.80/-. When the third respondent was engaged in the agricultural field as and when need arose, her engagement was purely temporary. Since the persons like the third respondent were continued on need basis, the Government of Tamil Nadu, considering the plight of persons who were engaged on daily wage basis, issued G.O.Ms.No.352, Agriculture (AU) Department dated 24.11.2008 to bring the casual mazdoors into regular time scale of pay with effect from 1.4.2008 and after bringing them into the regular time scale of pay with effect from 1.4.2008, the third respondent also, attaining the age of superannuation, retired from service with effect from 30.6.2013.
On her retirement, applying the G.O.Ms.No.78, Agriculture (AU) Department dated 23.4.2013 directing the petitioner to pay a sum of Rs.100/- towards DA and HRA and a sum of Rs.50,000/- as consolidated lumpsum at the time of retirement, the same were also paid by letter dated 31.7.2013. But the said payment has not been considered by both the controlling and the appellate authority under the Payment of Gratuity Act. Therefore, the non-consideration of the payment of Rs.50,000/- clearly shows that the impugned order is vitiated on account of nonapplication of mind.
3. This Court finds no merit in the said contentions. First of all, the petitioner has not even filed a copy of the counter affidavit to show as to what was their stand before the authorities. Secondly, it is the admitted case of the petitioner that the third respondent was engaged on daily wage basis in the year 1983 at the rate of Rs.80/-. After considering her continous engagement, when the G.O.Ms.No.78, Agriculture (AU) Department dated 23.4.2013 was issued to pay a sum of Rs.100/- towards DA and HRA and another sum of Rs.50,000/- as a consolidated lumpsum at the time of retirement, the same were also paid. However, the said payment would not preclude the third respondent to receive the gratuity as per the provisions of the Payment of Gratuity Act.
The reason is that when the provisions of the Payment of Gratuity Act clearly mentions that every employee is entitled to get gratuity for the total period of services rendered with the employer, merely for the reason that G.O.Ms.No.78 dated 23.4.2013 was passed to pay a sum of Rs.50,000/- as a consolidated lumpsum and therefore the petitioner need not pay the gratuity, is not only unsustainable but also bad in law. Therefore, the second respondent-Assistant Commissioner of Labour, rightly applying the provisions of the Act and calculating the last drawn wage at Rs.230.
respondent-Joint Commissioner of Labour impugned herein. Hence, this Court finds no infirmity with the impugned order. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar ss To
1. The Appellate Authority under the Payment of Gratuity Act and Joint Commissioner of Labour Coimbatore
2. The Controlling Authority under the Payment of Gratuity Act and the Assistant Commissioner of Labour Salem +1cc to Government Pleader SR.No.21392 W.P.No.6086 of 2018 KK(CO) GN(05/04/2018)