NDLI: Sr. Superintendent of Post Offices Vs. Gursewak Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Payment of Gratuity ss. 4(1) and 2(e) Entitlement of Gramin Dak Sewak
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Payment of Gratuity Act, 1972 (39 of 1972)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Payment of Gratuity Act, 1972 :ss. 4(1) and 2(e) – Gramin Dak Sewak – Payment of gratuity under the 1972 Act – Entitlement of – Held: Gramin Dak Sewak-respondent No. 1 not entitled to payment of gratuity – s. 2(e) defining term ‘employee’ specifically excludes persons who are governed byany Act, or Rules providing for payment of Gratuity – Gramin DakSewaks are engaged as Extra Departmental Agents, a post governed by the Gramin Dak Sewak Rules, 2011, having a separate provision for payment of Gratuity to the Extra Departmental Agents – Thus,Gramin Dak Sewak is not an “employee” under the 1972 Act – In terms of r. 6(13) no Gratuity is payable if an Extra-Departmental Agent quits the agency on his own – On facts, respondent No. tendered his resignation and order accepting his resignation was passed u/r. 6(13) permitting respondent no. 1 to quit the services of the Gramin Dak Sewak as per his voluntary resignation – Thus,respondent no. 1 became disentitled from the payment of gratuity under the 2011 Rules applicable to Gramin Dak Sewaks – GraminDak Sewak (Conduct and Engagement) Rules, 2011 – rr. 6(1), 6(13),3-A (i).
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 387
Petitioner	Sr. Superintendent Of Post Offices
Respondent	Gursewak Singh & Ors.
SCR	[2019] 2 S.C.R. 1025
Judgement Date	2019-03-15
Case Number	3150

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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