Gratuity to GDS after resignation from the post – Supreme Court Important Judgement
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3150 OF 2019
(Arising out of SLP (Civil) 7627 of 2019)
Diary No. 41829 of 2018
Sr. Superintendent of Post Offices
… Appellant
Versus
Gursewak Singh & Ors.
…Respondents
WITH
CIVIL APPEAL NO. 3151 OF 2019
(Arising out of SLP (Civil)No. 7628 of 2019)
Diary No. 41825 of 2018
Sr. Superintendent of Post Offices
…Appellant
Versus
Smt. Swam Kanta
…Respondents
JUDGMENT
sd/-
INDU MALHOTRA, J.
1. Leave granted in both the special leave petitions.
2. A common question of law arises in both the appeals which are being disposed of by a common judgment. The facts in Sr. Superintendent of Post Offices v. Gursewak Singh & Ors. are being considered as the lead case.
3. The present Civil Appeal has been filed against the Order dated 01.12.2017 passed by a Division Bench of the Punjab & Haryana High Court at Chandigarh in LPA No. 1612 of 2017.
4. The factual matrix of the case, briefly stated, is as under:
4.1 On 26.06.1991, Respondent No. 1 was engaged as a Gramin Dak Sewak ie. an Extra-Departmental Agent, to work on a part-time basis in the Postal Department at Faridkot, Punjab.
4.2. In 2014, Respondent No. 1 voluntarily resigned from the said part-time job. On 28.08.2014, the Department accepted the resignation, and Respondent No. 1 was is charged with immediate effect.
4.3. Respondent No. 1 approached the Controlling Authority-cum-Assistant Labour Commissioner, Central Jalandhar, seeking gratuity under the Payment of Gratuity Act, 1972 (herein after referred to as “the 1972 Act”).
4.4. The Appellant —- Department took the stand that Respondent No. 1 was not entitled to ex-gratia gratuity under the Gramin Dak Sewak (Conduct & Engagement) Rules, 2011 as he had voluntarily resigned from the job. The Controlling Authority-cum-Assistant Labour Commissioner, Central Jalandhar, vide Order dated 21.09.2015, allowed the claim of Respondent No. 1 and directed the Department to pay an amount of Rs. 1,06,021/- along with Interest @ 10% p.a. from 28.08.2014.
4.5. The Department filed an Appeal u/S. 7(7) of the 1972 Act, against the Order dated 21.09.2015 before the Deputy Chief Labour Commissioner (Central) Kendriya Sadan, Chandigarh.
The Appellate Authority vide Order dated 17.05.2016 dismissed the Appeal filed by the Appellant — Department, and upheld the Order dated 21.09.2015 passed by the Controlling Authority-cum-Assistant Labour Commissioner, Central Jalandhar.
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COMMENTS