Sanjay K. Agrawal, J. - (1.) Heard. The petitioner- SECL seeks to challenge the legality, validity and correctness of the order dated 9th December, 2003 by which learned Appellate Authority, respondent No. 2 herein while setting aside the order of Controlling Authority has held that attendance bonus is component of the wage for the calculation of gratuity within the meaning of Section 2(s) of the Payment of Gratuity Act, 1972 (hereinafter called as PG Act, 1972) and directed accordingly for recalculating the gratuity of respondent No. 1-Employee considering the attendance as a part of wages.
(2.) Respondent No.1 retired from the services of the Respondents SECL on 31.07.2000; on 20.12.2000 gratuity amount was voluntarily deposited before the Assistant Labour Commissioner (Central) Bilaspur to the extent of Rs.2,37,742/-. Thereafter, respondent No. 1 moved an application before the Controlling Authority under the PG Act, 1972 for recalculation of gratuity stating that attendance bonus is a part of wage and, therefore, should be included for calculating the gratuity.
(3.) The Controlling Authority, by its order dated 20.09.2002, has held that the attendance bonus is not a part of wages within the meaning of Section 2(s) of the PG Act, 1972, however, did not enhance the amount and awarded interest Rs. 7,263/- to respondent No.1-employee.;