- (1.) This intra court appeal under the Rules of the Court has been filed by the appellants challenging the order dated 17.07.2015 passed by learned Single Judge. Facts are that respondent no. 3 herein, who was superannuated as Teacher from Kanya Primary School, Naraich, Agra on 30th June, 1999, filed a P.G. Case No. 23 of 2011 before the Prescribed Authority/Assistant Labour Commissioner contending that she has been working on the post of Primary Teacher in Primary Kanya Pathshala and after superannuation on 30th June, 1999, despite repeated requests and demand, she has not been paid gratuity. Prescribed Authority/Assistant Labour Commissioner vide order dated 03.05.2012 allowed the claim of respondent no. 3 holding her entitled for payment of Rs.92,019/- as gratuity. Respondent no. 3 went up in appeal before the appellate authority/Deputy Labour Commissioner on the allegation that she was also entitled to payment of interest on the late payment of gratuity, which has wrongly been denied by the Prescribed Authority. Appellate authority vide order dated 10.10.2012 allowed the appeal and awarded simple interest at the rate of 10% from the date of award till the date of actual payment. The appellants herein challenged the order of the appellate authority by filing writ petition, out of which the present appeal arises. Learned Single Judge vide impugned order dated 17.07.2015 entertained the writ petition and while calling for a counter affidavit from the respondents, passed a conditional interim order. Aggrieved by the same, the appellants have approached this Court.
(2.) It is contended by the learned counsel for the respondents that the special appeal under Chapter VIII Rule 5 of the Rules of the Court being directed against the order passed by the learned Single Judge in exercise of jurisdiction conferred by Article 226 of the Constitution of India in respect of an order made in exercise of appellate jurisdiction under Central Act in respect of a matter enumerated in the Concurrent List in the VIIth Schedule to the Constitution, would not be maintainable.
(3.) Payment of Gratuity Act is a piece of social welfare legislation and deals with the payment of gratuity, which is a kind of retiral benefit, regular pension, provident fund etc. Gratuity in its etymological sense is a gift, specially for services rendered, or return for favours received. For the wage-earning population, security of income, when the worker becomes old or infirm, is very important. The provisions contained in the Act are in the nature of social-security measures like employment insurance, provident fund and pension. The main purpose and concept of gratuity is to help the workman after retirement, whether retirement is a result of rules of superannuation or physical disablement or impairment of vital part of the body. The word 'gratuity' itself suggests that it is a gratuitous payment given to an employee on discharge, superannuation or death. It is an amount paid unconnected with any consideration and not resting upon it, and has to be considered as something given freely, voluntarily or without recompense. It is a sort of financial assistance to tide over post-retiral hardships and inconveniences. Payment of Gratuity Act, 1972 (hereinafter referred to as the 'Act') has been enacted to provide a scheme for payment of gratuity for certain commercial and industrial establishment as a measures of social security. Hon'ble Apex Court in the case of Jeewanlal (1929) Ltd. etc. v. Appellate Authority under the Payment of Gratuity Act etc., AIR 1984 SC 1842 , has observed as under. It has now been universally recognised that all persons in society need protection against loss of income due to unemployment arising out of incapacity to work due to invalidity, old age etc. For wage-earning population, security of income when the worker becomes old or infirm, is of consequential importance. The provisions of social security measures, retiral benefits like gratuity, provident fund and pension (known as triple-benefits) are of special importance. In bringing the Act on Statute-book the intention of the legislature was not only to achieve uniformity and reasonable degree of certainty but also to create and bring into force a self-contained all-embracing complete and comprehensive code relating to gratuity. The significance of this legislation lies in the acceptance of the principal of gratuity as a compulsory statutory retiral benefit. ;