Nagaiya Ram & Ors. v. State of H.P & Ors.

The Hon(cid:146)ble Mr. Justice Kurian Joseph, Chief Justice The Hon(cid:146)ble Mr. Justice Sanjay Karol, Judge. For the petitioners : Mr. A. K. Gupta, Advocate For the respondents : Mr. Ankush Dass Sood, Addl. A.G. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- (cid:147)i. That the respondents may be ordered to make the payment of both the gratuity to the petitioners i.e. for the period they remained on daily wages basis under the provisions of Payment of Gratuity Act, 1972 with interest at the rate of 9% per annum and further the respondents may be ordered to make the payment of gratuity to the petitioners for the period they remained on regular basis under the Pension Rules with 9% interest thereon. (cid:148)

According to the petitioners, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. vrs. Lashkari Ram in CWP No. 150 of 2004 and followed in many other cases.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. The petitioners submit that they would file appropriate representation(s) furnishing all factual details before the competent authority within a period of one month from today. It is always open for them to do so. In case, the petitioners are similarly situated, they shall not be discriminated and the matter will be duly considered by the first respondent/competent authority in the light of the judgment, referred to above and appropriate action in accordance with law, by disbursing the eligible benefits by way of gratuity, will be taken within another three months from the date of receipt of the representation(s) along with a copy of this judgment and the copy of the judgment, referred to above by the petitioner concerned.