Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972 S. 7(4)/Payment of Gratuity (Central) Rules Labour Laws: Payment of Gratuity Act R.10(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws: Payment of Gratuity Act, 1972; S.7(4)/Payment of Gratuity (Central) Rules, 1972; R.10(1): Payment of Gratuity to workman - Eligibility - Held: Payment of Gratuity Act is a beneficial legislation - In interpreting the provisions of such a legislation, a liberal view should be taken - Since a small amount is involved, Division Bench of the High Court was not justified in interfering with the findings of facts arrived at by the authorities and affirmed by the Single Judge of the High Court - The question raised before the authority was whether the workman in question had completed five years continuous service so as to be eligible to claim gratuity under the Act - Controlling authority as also the appellate authority, on the basis of evidence, came to the finding that he was qualified and thus entitled to claim gratuity under the Act - Single Judge of the High Court rightly dismissed the writ petition filed by the employer on the basis of the findings recorded by the authorities - Division Bench of the High Court ought not to have gone through the question of fact, which exercise had been done by the controlling authority as also by the appellate authority - High Court was exercising power of judicial review, which in its inherent nature, has certain limitations-Under the facts and circumstances of the case, the Division Bench of the High Court was wrong in setting aside the orders of the Single Judge and the authority - Hence, order passed by the Division Bench set aside and that of the controlling authority is restored - Constitution of India - Power of the High Court - Judicial Review - Interpretation of Statutes - Interpretation of provisions of beneficial legislation.Appellant was appointed as Supervisor in the respondent-company. According to him, he worked as Supervisor for. more than five years at various offices of the Company. From March, 1993 onwards he was allegedly neither paid salary nor any order of termination or dismissal was served .on him by the employer-company. The appellant-employee, therefore, requested the Management to settle his dues and also to pay gratuity under the Act. But it was not paid. He then approached the Controlling Authority by making an application under sub-section (4) of Section 7 of the Payment of Gratuity Act read with sub-rule (1) of Rule 10 of the Payment of Gratuity (Central) Rules, 1972. The Controlling Authority held that the_ appellant was entitled to gratuity and ordered to make payment of the gratuity to him with interest @10% p.a. from June 12, 1993 till the date of payment. Aggrieved, the employer filed an appeal before the Appellate Authority, which was dismissed by the Appellate Authority. The employer challenged the order of the appellate authority by filing a writ petition in the High Court, which was dismissed by the Single Judge of the High Court Appeal filed thereagainst by the employer was allowed by the Division Bench of the High Court by setting aside all the orders, dismissing the application filed by the workman. Hence the present appeal.Appellant-workman contended that the Division Bench of the High Court was wholly unjustified in setting aside the orders passed by the Authorities under the Act and confirmed by the Single Judge of the High Court; that while setting aside the orders, the Division Bench of the High Court has virtually re-appreciated the evidence which could not have been done and on that ground also, the impugned judgment deserves to be set aside and that a finding of fact arrived at by the Authorities under the Act could not have been disturbed by the Division Bench of the High Court. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 863 |
Petitioner | M.c. Chamaraju |
Respondent | Hind Nippon Rural Industrial (p) Ltd. |
SCR | [2007] 9 S.C.R. 361 |
Judgement Date | 2007-08-24 |
Case Number | 3889 |
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