Case: Central Coalfields Limited Vs. Union of India and Others

1. The only point raised for decision in these appeals is whether the prior service of a workman continuing in service afterunder the Coking Coal Mines (Nationalisation) Act, 1972 has to be included in the length of service for determining the amount of gratuity payable to such a workman under the Payment of Gratuity Act, 1972. The High Court, by the impugned judgment, has taken the view that the same has to be included. Hence, these appeals by special leave

Reasoning: In our opinion, Section 9 has to be read along with the other provisions of the enactment including Section 17 thereof. History shows that the originally enacted Section 17 was substituted by Act No. 57 of 1986 retrospectively with effect fromitself. We do not find anything in Section 9 read with Section 17 to support the appellantsWe also find that the reasons given by the High Court for rejecting the appellants contention are justified. These appeals must, therefore, fail