Yogeshwar Dayal, J. - (1.) By this petition under Article 226 of the Constitution of India, Municipal Corporation of Delhi has impugned the order of the Controlling Authority appointed under the Payment of Gratuity Act, 1972 which transpires to be an order dated 22nd December, 1980 as stated in the appeal filed before the Appellate Authority appointed under the aforesaid Act and the order dated 26th July 1982 passed by the Appellate Authority appointed under the aforesaid Act.
(2.) Smt. V.T. Naresh, respondent No. I had filed an application under Section 4 of the Payment of Gratuity Act, 1972 (hereinafter referred to the 'Act' for payment of gratuity on her retirement from service on 6th February, 1976. Her case was that she had been employed on 1st August, 1963 and she is entitled to gratuity as she has served the Corporation for 22 years 9 months and 6 days. The petitioner-corporation pleaded that the Act is not applicable to the employees of the Petitioner-Corporation and that the Corporation has its own gratuity Regulations/pensions Rules to allow gratuity to retiring employees and, therefore, the application before the Controlling Authority was not maintainable. The Controlling Authority negatived both the submissions. The said submissions were also repeated before the Appellate Authority. The Appellate Authority also negatived both the submissions. Before me Mr. J.K. Mehra, learned counsel urged the same points again. Before noticing the submissions made before me, certain relevant provisions of the Act may be seen. Section I of the Act provides for applicability of the Act. Relevant part of Sub-section (3) of Section I of the Act is as under : "(3) It shall apply to :- (a) every factory, mine, oilfield, plantation, port and railway company; (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed.. or were employed, on any day of the preceding twelvemonths; (c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf."
(3.) The argument of Mr. J.K. Mehra, learned counsel is that the petitioner-corporation is a local authority created under the Delhi Municipal Corporation Act, 1957 and is not an establishment within the meaning of Sub-clause (b) Sub-section 3 of Section I of the Act reproduced earlier. For appreciating the submission, after leaving the unnecessary words of Subclause (b), it would read, "every establishment within the meaning of any law for the time being in force in relation to establishments in a State, in which ten or more persons are employed or were employed, on any day of the preceding twelve months;" The submission of Mr. J.K. Mehra, learned counsel for the Corporation is that the local authority like the petitioner is not an 'establishment' within the meaning of any law in force in relation to 'establishment' in Delhi. The meaning of the word, 'establishment' within the meaning of any law for the time being came up for consideration before the Supreme Court in the case of State of Punjab v. The Labour Court, Jullundur and others, 1979(39) F.L.R., 353. The Appellate Authority has taken the view that though the word 'establishment' has not been defined in the Payment of Gratuity Act, 1972 but by virtue of applicabilty of Employment Exchange (Compulsory Notification of Vacancies) Act, i959. Equal Remuneration Act, 1976, and Minimum Wages Act, 1948 to the Municipal Corporation Act, the department in which the respondent, Smt. V.T. Naresh was working is covered under Section 1(3)(b) of the payment of Gratuity Act, 1972. Pathak.J. speaking for the Slipreme Court in the aforesaid case observed, "Section l(3)(b) speaks of "any law for the time being in force in relation to shops and establishments in a State." There can be no dispule that the Payment of Wages Act is in force in the State of Punjab. Then it is submitted, the Payment of Wages Act is not a law in relation to "shops and establishmens." As to that the payment of Wages Act is a statute which, while it may not relate to shops, relates to a class of establishments, that is to say, industrial establishments. But, it is contended, that law referred to under Section l(3)(b) must be a law which relates to both shops and establishments, such as the Punjab Shops and Commercial Establishments Act, 1958. It is difficult to accept that contention because there is no warrant for so limiting the meaning of the expression "Law" in Section l(3)(b). The expression is comprehensive in its scope, and can mean a law in relation to shops as well as, separately, a law in relation to establishments, or a law in relation to shops and commercial establishments and a law in relation to non-commercial establishments. Had Section l(3)(b) intended to refer to a single enactment, surely, the appellant would have been able to point to such a statute, that is to say, a statute relating to shops and establishments, both commercial and non-commercial. The Punjab Shops and Commercial Establishments Act does not relate to all kinds of establishments. Besides, shops, it relates to commercial establishments alone. Had the intention of Parliament been, when enacting Section l(3)(b), to refer to a law relating to commercial establishments, it would not have left the expression "establishments" "unqualified''. We have carefully examined the various provisions of the Payment of Gratuity Act, and we are unable to discern any reason for giving the limited meaning to Section l(3)(b) applies to every establishment within the meaning of any law for the time being in force in relation to establishments in a State. Such an establishment would include an industrial establishment within the meaning of Section 2(ii)(g) of the Payment of Wages Act. Accordingly, we are of opinion that the Payment of Gratuity Act urged before Us on behalf of the appellant. Section l(3)(b) applies to an establishment in which any work relating to the construction, development and maintenance of buildings-roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on. The Hydel Upper Bari Doab Construction Project is such an establishment, and the Payment of Gratuity Act Applies to it.";