IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 854 of 2008. Reserved on: 05.04.2010. Decided on : 20.04.2010. _____________________________________________________ State of Himachal Pradesh and others. …Petitioners. -Versus- Vijay Kumar and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1Yes. __________________________________________________________ For the petitioners. : Mr. Rajinder Dogra, Additional Advocate General. For the respondents : Nemo. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: The State has challenged the order passed by the Joint Labour Commissioner-Cum-Appellate Authority (under the Payment of Gratuity Act, 1972), dated 25th September, 2007 (Annexure P-1). Material facts necessary for the adjudication of this petition are that the predecessor of present respondents, Shri Shankar Dass (hereinafter referred to as “the workman” for convenience sake) had filed an application under Section 7 of the Payment of Gratuity Act, 1972 before the Labour Officer-Cum- Controlling Authority, Mandi, H.P. The same was decided on 19.11.2005. State preferred an appeal against the order dated 19.11.2005. The appellate authority decided the same on 25th September, 2007. 1 Whether the reporters of the local papers may be allowed to see the judgment?.Yes. Mr. Rajinder Dogra, learned Additional Advocate General has vehemently argued that the order passed by the appellate authority is against the law. According to him, workman is neither entitled to gratuity under the Payment of Gratuity Act, 1972 nor to service gratuity under the CCS (Pension) Rules, 1972 since he has not worked for a number of years as required under the rules. I have heard Mr. Rajinder Dogra, leanred Additional Advocate General and gone through the pleadings carefully. The question raised in this petition is no more res integra in view of the judgments dated 09.05.2007 and 18.05.2007, rendered by this Court in CWP Nos. 150 of 2004 and 348 of 2004, titled as State of Himachal Pradesh (through Irrigation and Public Health Department) versus Lashkari Ram and Balam Ram respectively. This Court has held that workman is entitled to get the gratuity for the daily wage period of service under the Payment of Gratuity Act, 1972 and is also entitled to get the gratuity for regular period of service as per CCS (Pension) Rules, 1972. The order passed by the appellate authority is in conformity with the law laid down by this Court. In the present case, the workman has worked for 17 years on daily wage basis and for 2 years on regular basis. A sum of Rs.20,808/- has been directed to be released in favour of workman towards gratuity for 17 years’ daily wage period of service and a sum of Rs.4061/- for 2 years’ regular period of service. The total gratuity amount of workman as per the judgments of this Court dated 09.05.2007 and 18.05.2007 comes to Rs.26,331/-. There is neither any illegality nor any procedural irregularity in the order passed by the appellate authority dated 25th September, 2007 (Annexure P-1). Accordingly, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma) Judge April 20, 2010. (bhupender)