- (1.) One Sri Majid Ali Khan was an employee in the Nagar Palika, Moradabad, who died on January 7, 1976. Smt. Salma Khatoon claiming herself to be the widow of the said employee laid a claim for gratuity amount before the Nagar Palika, For some reason or other there was no satisfactory action on the said application. Consequently Smt. Salma Khatoon made an application under Section 9 of the Payment of Gratuity Act, hereinafter referred to as 'the Act', before the Controlling Authority. The Nagar Palika contested the claim whereupon ultimately the Controlling Authority by an order dated 9th July, 1982, directed that a total sum of Rs. 10264.80 shall be paid to Smt. Salma Khatoon.
(2.) Aggrieved by the said order, the Nagar Palika, Moradabad, has filed the present writ petition under Article 226 of the Constitution.
(3.) I have heard Shri Prem Chandra Srivastava on behalf of the Nagar Palika and Sri Umesh Narian Sharma representing Smt. Salma Khatoon. Sri Srivastava has argued the following two points in support of his writ petition: (1) The provisions of the Act are not applicable in case of employee of Nagar Palika. (2) There was no proof of the fact that Smt. Salma Khatoon was the widow of the ex-employee, on the basis of which it has been canvassed that the imupunged order is illegal and liable to be quashed.;