VIVEK CHAUDHARY,J. - (1.) This bunch of writ petitions is filed by petitioner, Pradeshik Co-operative Dairy Federation Ltd. (hereinafter referred to as 'PCDF'), challenging the orders of different dates and notices for payment of gratuity passed and issued by the Controlling Authority/Assistant Labour Commissioner, Lucknow (respondent no.2) under the Payment of Gratuity Act , 1972.
(2.) The relevant facts are that on 24.09.2015, petitioner PCDF introduced a Voluntary Retirement Scheme (VRS). Amongst other conditions, the VRS scheme in clause-3(kha) provided that the employees adopting the same will be paid gratuity as per the gratuity scheme applicable in PCDF. On 30.09.2015 a clarification to the VRS scheme was issued, Clause-1 whereof clarified that as per the clause 28-Sa(3) of the gratuity scheme the maximum limit of gratuity amount payable shall be Rs.3.5 Lakhs. All the respondents/employees applied under the aforesaid VRS scheme and in and around February, 2016 they all accepted their VRS amounts, including Rs.3.5 Lakhs as their gratuity. In and around May, 2017, representations were made for payment of gratuity under the Gratuity Act , 1972 which was claimed to be Rs.6.5 Lakhs. Since no action was taken on the representations made, therefore, in December, 2017 applications were filed before the respondent no.2, Controlling Authority under the Gratuity Act , 1972. Objections were taken to the said application by the petitioner-PCDF. All the aforesaid applications stand allowed by the impugned orders and, thereafter notices were also issued for payment of the gratuity amount as per the Gratuity Act , 1972. While allowing the representations the Controlling Authority has also condoned the delay in filing the claim applications. The said orders and notices are under consideration before this Court in the present bunch of petitions
(3.) The chronology of relevant law is that U.P. Co-operative Societies Act, 1965 (hereinafter referred to as ' Co-operative Societies Act ') was enforced in the State of U.P. w.e.f. 26.01.1968 by way of notification dated 30.12.1967 (except Section 135 of the same). The Payment of Gratuity Act , 1972 (hereinafter referred to as ' Gratuity Act ') was notified and came into force from 16.09.1972. Section 121 of the Co-operative Societies Act reads:- "121. Power of Registrar to determine terms of employment of society. - (1) The Registrar may, from time to time, frame regulation to regulate the emoluments and other conditions of service including the disciplinary control of employees in a co-operative society or a class of co-operative societies and any society to which such terms are applicable, shall comply with those regulations and with any orders of the Registrar, issued to secure such compliance. (2) The regulations framed under sub-section (1) shall be published in the Gazette and take effect from the date of such publication." ;