D.S. Tewatia, J. - (1.) THE short question that falls for consideration in this revision petition is as to whether an employee of the Railway establish -ment could enforce his claim to gratuity under the Payment of Wages Act, 1936. Both the prescribed authority under the Act as also the District Judge, on an appeal against its order, held that the concerned employee was entitled to enforce his claim for gratuity under the Payment of Wages Act, 1936 through the instrumentality of the prescribed authority there under.
(2.) MR . Garg, Learned Counsel for the Petitioner has canvassed as it was done before the courts below, that Section 2(vi) of the Payment of Wages Act, 1936 itself expressly excluded gratuity from wages, that is, the relevant provisions of the Act did not recognize gratuity as the part of the wages and therefore, the same could not be recovered under the Payment of Wages Act, 1936. Mr. Garg also. placed reliance on Division Bench judgment of Patna High Court, reported as Tata Iron and Steel Company Ltd. v. Bir Singh and Anr.
(3.) BEFORE proceeding with the consideration of the contentions advanced on behalf of northern -Northern Railway Locomotive Workshop, the relevant provisions of the Wages Act deserve noticing at the very outset: "Wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be pay -able to a person employed in respect of his employment or of work done in such employment, and includes -(a) any remuneration payable under any award or settle -ment between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of termination of employment of the person employed is payable under any law, contract or instrument which' provides for the pay -ment of such sum, whether with or without deductions but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force; but does not include - ANY bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court; The value of any house -accommodation, or of The supply of light, water, medical attendance or oTher amenity or of any service excluded from The computation of wages by a general or special order of The State Government; ANY contribution paid by the employer to any pension or provident fund, and the interest which may have accrued. thereon; ANY travelling allowance or the value of any travelling concession; Any sum paid to the employed person to defray special expenses entailed on him by the nature of his employ -ment; or ANY gratuity payable on the termination of employment in cases other than those specified in Sub -clause (d). Learned Counsel for the Petitioner drew my pointed attention to Sub -clause (6) of Clause (e) of Sub -section (vi) of Section 2, which is said to be excluding gratuity from being considered part of wages.;