Punjab-Haryana High Court
The Zira Cooperative Sugar Mills Ltd vs The Appellate Authority Under The ... on 9 July, 2014
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.11888 of 1992 (O&M)
Date of decision:09.07.2014
The Zira Cooperative Sugar Mills Ltd., Zira, District Ferozepur
through its Managing Director (Successor in interest of M/s Punjab
Khand Udyog Ltd.)
... Petitioner
versus
The Appellate Authority under the Payment of Gratuity Act-cum-
Additional Labour Commissioner, Punjab, Chandigarh, and others.
.... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Rahul Sharma, Advocate,
for the petitioner.
None for the respondents.
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K.Kannan, J. (Oral)
1. The Management which denied the right to provident fund relied on the provisions under Section 4(1)(b) of the Payment of Gratuity Act and the invalidity of the said provision as pronounced by the Division Bench of this court in the decision reported in 1983 LIC 1451. The provision was upheld and the above decision was reversed by the Supreme Court in Bakshish Singh Versus M/s Darshan Engineering works and others-AIR 1994 Supreme Court 251. In view of the said judgment of the Supreme Court upholding the said provision, the entitlement to gratuity by the workman who had completed 5 years of service cannot be denied. Kumar Sanjeev 2014.07.14 15:46 I attest to the accuracy and integrity of this document Civil Writ Petition No.11888 of 1992 (O&M) -2-
2. Although there had been also a technical objection that the appeal filed against the authority constituted under the Payment of Gratuity Act had not been signed by the party but verified only by the counsel was taken, I will not allow such a technical objection to prevail to defeat the interest of a workman for his entitlement to gratuity.
3. The impugned order is sustained and the writ petition is dismissed.
(K.KANNAN) JUDGE 09.07.2014 sanjeev Kumar Sanjeev 2014.07.14 15:46 I attest to the accuracy and integrity of this document