Court No. - 39
Case :- WRIT - A No. - 18804 of 2019 Petitioner :- Pramod Kumar Singh And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.,Udai Bhanu Singh
Hon'ble Ashwani Kumar Mishra,J.
An order passed by the Institutional Service Board dated 4.9.2019 is assailed in this petition. By this order, the Secretary of the Board has observed that the gratuity would be payable to petitioner only from the date of regularization. Learned counsel for the petitioner submits that the gratuity would be payable to petitioners under the Payment of Gratuity Act, 1972 and that the entire length of service would have to be counted for the purposes of payment of gratuity.
Petition is opposed by the learned counsel appearing on behalf of the respondents.
Payment of Gratuity Act is a self contained Code. Under Section 7 of the Act of 1972, it is the controlling authority, who would the competent authority to determine the amount of Gratuity payable to an employee concerned under the Act. It does not appear that any order has been passed by the competent authority. The Secretary of the Institutional Service Board would not be the competent authority to decide claimi under the Act of 1972 In this view of the matter, this petition stands disposed of, permitting the petitioner to approach the controlling authority under the Payment of Gratuity Act, with the observation that in case such a claim is raised, the same shall be attended to, in accordance with law, expeditiously, preferably within a period of four months from the date of filing of an appropriate claim. The order impugned in the present petition shall not stand in the way of the competent authority and he shall be at liberty to proceed, as per law.
Order Date :- 28.11.2019 n.u.