CWP(T) No.5715 of 2008 (OA No. 587 of 1999) 6.11.2009 Present:- Mr. A.K.Gupta, counsel for the petitioner. Mr. R.K.Sharma, Senior Additional Advocate General with Mr. R.P.Singh, Assistant Advocate General for the respondents. The learned counsel for the petitioner has submitted that the petitioner had worked as daily waged Beldar from the year 1978 but the respondents have taken the stand that the petitioner worked as daily waged Beldar from January, 1983. The learned counsel for the petitioner has submitted that he confines the claim of the petitioner from January 1983 instead of the year 1978. The further submission of the learned counsel for the petitioner is that the petitioner was brought on work charged establishment w.e.f. 1.1.1994 and the petitioner retired on 30.10.1998 and, therefore, the petitioner is entitled to retiral benefits. The learned counsel for the petitioner has relied order dated 21.8.2009 passed by a co-ordinate Bench of this Court in CWP No. 1566 of 2009. The learned Senior Additional Advocate General has not opposed the petition in terms of the order passed in CWP No. 1566 of 2009 on 21.8.2009. Accordingly, the petition is allowed. The petitioner is held entitled to get gratuity for the period from January 1983 to 31.12.1993 under the payment of Gratuity Act, 1972 with interest as per law laid down by the Hon’ble Supreme Court in H. Gangahanume Gowda Versus Karnataka Agro Industries Corpn. Ltd. (2003) 3 SCC 40. The workman is further held - 2 - entitled and is to be paid the gratuity w.e.f. 1.1.1994 to 30.10.1998 (regular period) under the CCS (Pension) Rules, 1972 with interest @ 9% per annum. The directions be complied with within a period of one month from today. The petition stands disposed of. ( Kuldip Singh ), November 6, 2009. Judge. (GR)