Madhya Pradesh High Court
M.P.Madhya Kshetra Vidyut Vitran ... vs D.D.Singh on 19 August, 2014
W.A.No.213/2014 1
M.P.M.K.V.V.Com.Ltd. & Ors. Vs. D.D.Singh
19/08/2014
Shri K.N.Gupta, Sr.Advocate with Ms.Sweta
Bothra, Advocate for the appellant.
Shri Prashant Sharma, Advocate for the
respondent.
Heard on I.A.No.4558/2014, an application for condonation of delay.
There is delay of 27 days in filing the appeal. After perusal of the facts mentioned in the application, it is allowed. Delay in filing the appeal is hereby condoned.
Heard on merits.
This appeal has been filed against the order dt.14.3.2014 passed in W.P.No.8918/2013.
The question for consideration before the court is that whether the respondent employee was eligible to get gratuity in accordance with the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to the 'Act of 1972') or in accordance with the rules framed by the Board vide notification dt.5.5.1976 named as M.P. Electricity Board payment of Gratuity Rules, 1972.
Learned Writ Court has held that the employee is eligible to get the gratuity in accordance with the provisions of Section 4 of the W.A.No.213/2014 2 Act of 1972. Writ Court has also considered the provisions of Section 14 of the Act of 1972 and cited other judgments.
In our opinion, the order passed by the Writ Court is self explanatory. The Writ Court has dealt with all the points raised in this appeal and the order is in accordance with law. There is no error of jurisdiction committed by the Writ Court. Hence, in our opinion, there is no merit in this appeal. It is hereby dismissed.
No order as to costs.
(S.K. Gangele) (B.D.Rathi)
Judge Judge
SP