- (1.) This writ petition has been filed challenging the orders dated January 31, 2008 and October 31, 2009 passed by the Prescribed Authority and the Appellate Authority respectively.
(2.) The facts in short giving rise to the present petition are that opposite party No. 3 was employed with the Petitioner on the basis of the contract entered into between the parties on a consolidated salary. The said contract was entered for a period from February 22, 2002 to February 21, 2003 and thereafter from February 22, 2003 to September 30, 2005 and from November 1, 2006 to September 30, 2007. Services of opposite party No. 3 were dispensed with by giving one month's salary on May 15, 2007 and on June 13, 2007 he was discharged from service. Opposite party No. 3 moved an application before the Prescribed Authority for payment of gratuity as contemplated under Section 7 of the Payment of Gratuity Act, 1972 (for short "the Act"). Opposite party No. 3 stated that he has worked for more than five years continuously and therefore, he is entitled for payment of gratuity. The Prescribed Authority allowed the claim of opposite party No. 3 against which an appeal was filed by the Petitioner. The: said appeal also came to be dismissed by means of the order dated October 31, 2009 by the appellate authority. Hence this writ petition.
(3.) Submission of learned Counsel for the Petitioner is that the gratuity is available to an employee, who is being paid wages. Opposite party No. 3 was not being paid wages and therefore, he is not entitled for gratuity. It is also submitted that he did not work continuously but there was a break in service for short intervals and therefore, he is not covered within the definition 'continuous service' as contemplated under Section 2-A of the Act.;