M.L.Bhat, J. - (1.) The petitioner company has been asked by the Appellate Court to pay gratuity to the respondent No. 3 in accordance with the Government Order dated 31-10-1974. It appears that the Government of Uttar Pradesh has issued a Government Order No. 5959 (N. I.)/XXXVI/3-101 (S. I.)-74 dated 31st October, 1974. Clause 9 of the said Government Order reads as under : "9. (i) Gratuity to the workmen of the Vacuum Pan Sugar Factories in the State shall be payable at the following rates : (a) the permanent workmen : 15 days consolidated wages based on the wage last drawn for every completed year of Service of part thereof in excess of six months ; (b) to seasonal workmen : 7 days consolidated wages based on wage last drawn. (ii) Gratuity at the above rates shall be paid to workmen who ratire after September 30, 1974 or who retired after September 16, 1972, but whose claims of gratuity have not been finally settled."
(2.) The petitioner company seems to have contested the claim but it was unsuccessful before the authority under the Payment of Wages Act. Thereafter it preferred an appeal. That appeal was also dismissed and it has challenged the order of the Appellate Authority where it has been directed to pay gratuity to the respondent No. 3 in accordance with the said Government Order.
(3.) The petitioner's case is that the respondent No. 3 was employed as Assistant Engineer in the petitioner's concern with effect from 16-12-1954. He is said to have attained the age of retirement on 31-1-1973 but the was allowed to work up to 4-4-1973 after rendering service of 18 years, 3 months and 19 days, in the petitioner company. His last drawn pay on 4-4-1973 was Rs. 783,75 per month. The respondent's gratuity calculated on this date and was paid at the rate of 7 days for every completed year of service as provided under Section 4 (2) of the Payment of Gratuity Act (hereinafter called 'the Act'). A sum of Rs. 3291.84 was paid to him on 7-5-1973. The petitioner company is a seasonal establishment because it work for 120 days only in a year i. e from December to March. The expression 'seasonal' is not defined in the Act or Clause A (5) of the Standing Order enforced by the Government of Uttar Pradesh on Vacuum Pan Sugar Factories by a Government Order under Section 3 (b) of the U. P. Industrial Disputes Act.;