The Director General Of Coast Guard vs Capt.Rc Rajan (Ex.Comdt 0080-E) on 29 April, 2025
7.Learned Additional Solicitor General appearing for the appellant
Department referred to the definition of “employee” under the Payment of
Gratuity Act, 1972, and submitted that the writ petitioner is not governed by
Payment of Gratuity Act, 1972. Referring to Sections 2, 26 and 27 of CCS
(Pension) Rules, 1972, the learned Additional Solicitor General submitted
that the order of the learned Single Judge, ignoring the non-applicability of
Payment of Gratuity Act, 1972, cannot be sustained. Learned Additional
Solicitor General relied upon the judgment of Division Bench of this Court
in a batch of cases in W.A.Nos.1687 of 2021, etc. batch, [Union of India v.
The Regional Labour Commissioner and others], dated 21.06.2023, in
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W.A.No.1173 of 2022
support of his arguments.