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Civil · Reportable judgment

Netram Sahu vs State of Chhattisgarh & Anr.

Court
Supreme Court of India
Date
23 March 2018
Case No.
Civil Appeal No. 1254 of 2018
Result
Allowed
Bench
R.K. Agrawal, Abhay Manohar Sapre
Citation
[2018] 3 S.C.R. 682 : 2018 INSC 258
Supreme Court Reports [2018] 3 S.C.R. 682 : 2018 INSC 258
Headnote

Payment of Gratuity Act, 1972 – s.2(e) r/w s.2A – Qualified service – Appellant rendered 22 years as daily wager and 3 years as regular work charge employee i.e. he was regularised 3 years prior to his retirement – Whether appellant can be said to have rendered qualified service i.e. continuous service as specified in s.2(e) r/w s.2A so as to make him eligible to claim gratuity as provided under the Act from the State – Held: Appellant actually rendered total service for a period of 25 years and the State actually regularized his services – Having regularized the services, the appellant became entitled to claim its benefit for counting the period of 22 years regardless of the post and the capacity on which he worked for 22 years – Once the State regularized the services of the appellant while he was in State services, the appellant became entitled to count his total period of service for claiming the gratuity amount subject to his proving continuous service of 5 years as specified under s.2A of the Act which, in this case, the appellant has duly proved – The statute being a welfare legislation meant for the benefit of the employees, who serve their employer for a long time, it is the duty of the State to voluntarily pay the gratuity amount to the appellant rather than to force the employee to approach the Court to get his genuine claim.

Allowing the appeal, the Court

HELD: In the circumstances appearing in the case, it would be the travesty of justice, if the appellant is denied his legitimate claim of gratuity despite rendering “continuous service” for a period of 25 years which even, according to the State, were regularized. The question as to from which date such services were regularized was of no significance for calculating the total length of service for claiming gratuity amount once the services were regularized by the State. It was indeed the State who took

Read the full headnote (5 more paragraphs)

22 years to regularize the service of the appellant and went on taking work from the appellant on payment of a meager salary of Rs.2776/- per month for 22 long years uninterruptedly and only in the last three years, the State started paying a salary of Rs.11,107/- per month to the appellant. Having regularized the services of the appellant, the State had no justifiable reason to deny the benefit of gratuity to the appellant which was his statutory right under the Act. It being a welfare legislation meant for the benefit of the employees, who serve their employer for a long time, it is the duty of the State to voluntarily pay the gratuity amount to the appellant rather than to force the employee to approach the Court to get his genuine claim. It is really unfortunate that the genuine claim of the appellant was being denied by the State at every stage of the proceedings up to this Court and dragged him in fruitless litigation for all these years. [Paras 17, 18, 19] [687-A-E]

Secretary, State of Karnataka & Ors. v. Umadevi (3) & Ors, (2006) 4 SCC 1 : [2006] 3 SCR 953 –

held inapplicable.

Firm Kaluram Sitaram v. The Dominion of India

AIR 1954 Bombay 50 – approved.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed against the final judgment and order dated 01.08.2014 passed by the High Court of Chhattisgarh at Bilaspur in Writ Appeal No.240 of 2014 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and affirmed the judgment and order dated 16.12.2013 passed by the Single Judge of the High Court in Writ Petition(L) No.178 of 2013 by which the Single Judge allowed the petition preferred by the respondents herein and set aside the orders of the Controlling Authority an
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