Rakesh Tiwari, J. - (1.) Common questions of law and facts are involved in all these writ petitions and they are, therefore, being decided by this common judgment. Writ Petition No. 36892 of 2004 is treated as leading case.
(2.) Writ petition No. 36892 of 20044 has been filed for quashing the order dated 30.6.2004 passed by the respondent No. 1- Regional Labour Commissioner (Central) Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17 of the Payment of Gratuity (Central) Rules issued by the Controlling authority/the Assistant Labour commissioner (Central), Allahabad- respondent No. 2. BRIEF FACTS OF THE CASE
(3.) Briefly stated, facts of the case are that Fertilizer Corporation of India Limited is a multi-unit Public Sector Undertaking. Of its 5 units, one is situate at Gorakhpur. An advertisement No. 35/89 was published in newspaper by the petitioners- the Fertilizer Corporation of India Ltd., Gorakhpur Unit, Gorakhpur (hereinafter referred to as 'the Corporation'). The relevant extract of conditions for training, eligibility etc., relevant for the purpose of deciding the controversy in the writ petition are quoted below for ready reference:"( 1) Qualifications : (a) Must have, passed : Essential (i) High School Examination with science and Mathematics. Or (ii) Part 1 examination of Higher Secondary Examination, conducted by University or Board with Physics, Chemistry and Mathematics. Or (iii) 10th class Examination conducted by University or Board with above subjects. (b) Preference will be given to those who have qualifications as required at (a) above plus I.T.I from the recognized institute. (2) Age: Between 15-18 years. Relaxable up to 20 years in case of I.T.I Pass candidates or those belonging to Scheduled Caste/Tribe candidates. (3) Period of Training : Three years. (4) Stipend : (a) Candidates qualifications s per (a) above Consolidated First Year : Rs. 100 p.m Second year: Rs. 110 p.m. Third year : Rs. 120 p.m. (b) Candidates having qualifications as per (b)above : Consolidated: First year : Rs. 110 p.m Second and third year: Rs. 120 p.m. General: In addition to stipend, the apprentices will be eligible for free hostel accommodation, water charges, electricity and medical aid to the extent available at Gorakhpur in accordance with the rules governing this. They will not be eligible for any other allowances during apprenticeship. Suitable reservation will be made in the case of Scheduled Caste/Tribe candidates. Selection of a candidate as an apprentice does not guarantee any employment under the corporation but subject to vacancies and successful completion of apprenticeship, the apprentices will be eligible for appointment as Operator/Technicians Gr. II in the scale of Rs. 150-205 plus the usual Dearness Allowance and benefit of contributory Provident fund as per rules of the Corporation. Selected candidates will have to execute a 'Bond' undertaking to serve the corporation for a minimum period of 5 years after appointment to regular post, besides the period of apprenticeship mentioned above. Candidates already in employment of the Government or any State Undertakings should apply through proper channel.";