S.U.KHAN, J. - (1.) Heard learned counsel for the petitioner. No one has appeared on behalf of respondent No. 1 the contesting respondent workman.
(2.) Respondent No. 1 Tej Ram Sharma was an employee of the petitioner. He worked with them for 34 years and retired on October 31, 1983. Gratuity was not paid to him hence he filed application under Payment of Gratuity Act 1972 before Controlling Authority, Meerut under the said Act in the form of Case No. P.G.A. 24/85. The Controlling Authority decided the matter on March 13, 1986 partly in favour of the petitioner and partly in favour of the workman holding that provisions of the Act were applicable upon the petitioner. However, the claim of the workman that gratuity must be calculated treating him to be employee of regular establishment under Section 4(2) of the Act (@ 15 days wages per year) was not accepted and gratuity was calculated @ 7 days wages per season treating the petitioner to be seasonal establishment under second proviso to Section 4(2) of the Act. Ultimately through order dated April 1, 1986 the Controlling Authority directed payment of Rs. 5,398.90. It was further directed that if the amount was not paid within 30 days then 9% per year compound interest shall be payable. Against the said order both the parties filed appeals being appeal Nos. 24/86 and 26/86. Additional Labour Commissioner (O.S.), U.P./Appellate authority under the Act dismissed both the appeals on September 22, 1990 hence this writ petition. As no one has appeared on behalf of respondent- workman hence it cannot be ascertained as to whether the workman also filed some writ petition against the impugned order insofar as they are against him.
(3.) Learned counsel for the petitioner has argued that provisions of the Act are not applicable upon the petitioner for the reason that its employees are governed by the provisions of U.P. Co-operative Societies Act and the Cane Societies Employees Service Regulations 1975 and that the workman was a seasonal employee. It has also been argued that it was not proved by the workman that for how many days he had worked in each season.;