Case: P. Rajan Sandhi Vs. Union Of India

3. The appellant herein was an Assistant Editor in Mathrubhumami Printing and Publishing Company Limited, (respondent No. 2 herein) which is a newspaper publishing company. The appellant was charge-sheeted for making false allegations against the Managing Director of respondent No. 2 and of using discourteous language and for other various misconduct. An inquiry was conducted and, after giving him opportunity of hearing, the inquiry office found him guilty. The appellant was ultimately dismissed from service on 20.6.1988. An industrial dispute was raised and the Industrial Tribunal upheld the order of dismissal. The appellant challenged the order of the Industrial Tribunal by filing a Writ Petition which was dismissed. Thereafter, the appellant unsuccessfully challenged the dismissal of the Writ Petition by filing a Writ Appeal which was dismissed. Special Leave Petition filed by the appellant against the dismissal of the Writ Appeal was also dismissed by this Court.The claim of the appellant for gratuity was rejected by the Management of respondent No. 2 against whose order the appellant has filed a Writ Petition which has been allowed by the learned Single Judge of the High Court. However, by the impugned judgment passed in Writ Appeal No. 2131 of 2002 the Division Bench of the High Court set aside the judgment of the learned Single Judge. Hence, this appeal by special leave.

Reasoning: 9. It may be seen that there is a difference between the provisions for denial of gratuity in the Payment of Gratuity Act and in the Working Journalists Act. Under the Working Journalists Act gratuity can be denied if the service is terminated as a punishment inflicted by way of disciplinary act, as has been done in the instant case. We are of the opinion that Section 5 of the Working Journalists Act being a special law will prevail over Section 4(6) of the Payment of Gratuity Act which is a general law. Section 5 of the Working Journalists Act is only for working journalists, whereas the Payment of Gratuity Act is available to all employees who are covered by that Act and is not limited to working journalists. Hence, the Working Journalists Act is a special law, whereas the Payment of Gratuity Act is a general law. It is well settled that special law will prevail over the general law,vide G.P.‘Principles of StatutoryNinth Edition, 2004 pp. 133, 134.10. The special law, i.e., Section 5(1)(a)(i) of the Working Journalists Act, does not require any allegation of proof of any damage or loss to, or destruction of, property, etc. as is required under the general law, i.e., the Payment of Gratuity Act. All that is required under the Working Journalists Act is that the termination should be as a punishment inflicted by way of disciplinary action, which is the position in the case at hand. Thus, if the service of an employee has been terminated by way of disciplinary action under the Working Journalists Act, he is not entitled to gratuity.