D.S. Tewatia, J. - (1.) THE Haryana State Electricity Board has impugned the order of the Controlling Authority and Deputy Labour Commissioner, Haryana, holding that the provisions of the Payment of Gratuity Act, 1972 (hereinafter called 'the Gratuity Act') were applicable to the Petitioner herein, that is, the Haryana State Electricity Board and, therefore, Respondents Nos. 2, 3 and 4 herein were entitled to the payment of gratuity; inter alias on the ground that the provisions of the Gratuity Act did not cover the petitioner - Mariana State Electricity Board (hereinafter called 'the Board') and, therefore, its employees were not entitled to any gratuity on their retirement.
(2.) MR . Bhagirath Dass, Learned Counsel appearing for the Petitioner has reiterated the above stand and by way of amplification of the point he has urged that Section 1 Sub -section (3) Clause (b) of the Gratuity Act envisages application of the Act, inter alias to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments. The only relevant law dealing with shops and establishments is The Punjab Shops and Commercial Establishments Act; 1958 (herein -after called 'the Establishments Act'); Section 3 whereof expressly excludes from the application of the said Act inter alias the Under -taking which supplies power or light to the public and therefore, the Petitioner Electricity Board cannot be treated either as a shop or establishment within the meaning of any law which is the requirement for the application of the Gratuity Act to a shop or establishment. Before examining the afore -mentioned contention advanced on behalf of the Petitioner, the relevant provisions of the two statutes deserve noticing at the very outset: Payment of Gratuity Act, 1972. 1. * * (3) It shall apply to - (a) every factory, mine, oil field, plantation, port and rail -way Company. (b) Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the Pre -ceding twelve months. The Punjab Shops and Commercial Establishments Act, 1958. 2. Definitions; (iv) "Commercial establishment" means any premises where -in any business, trade or profession is carried on for profit and includes journalistic or printing establishment and premises in which business of banking, insurance, stocks and shares, brokerage and produce exchange is carried on or which is used as hostel, "restaurant boarding or eating house, theatre, cinema or other place of public entertainment or any other place which the Government may declare, by notification in the official, gazette, to be a commercial establishment for the purposes of this Act (viii) "establishment" means a shop or a commercial establishment; (xxv) "shop" means any premises where any trade to Business is carried on or where services are rendered to customers and includes offices, Store -Rooms, Godowns, Sale -Depots, or ware -houses, whether in the same Premises or otherwise used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons Employ -ed in the shop are allowed the benefits provided for workers under the Factories Act, 1948. 3. Act not applicable to certain establishments and persons: (a) (b) any railway service, water transport service, tramway, postal telegraph or telephone service, any system of Public conservancy or sanitation or any industry business or undertaking which supplies power, light or water to the public.
(3.) IN my opinion, Section 3 of the Establishment Act rather removes the uncertainty about the fact as to whether an undertaking which supplies power or light to the public is or is not an 'establishment'. If Section 3 of the Establishment Act had not been there, then it would have involved the interpretation of the definitional clause in question to decide as to whether the expressions 'shop' 'establishment' or 'commercial establishment' as defined, would cover an undertaking like that of the Petitioner. But by excluding such undertaking from the application of the provisions of this Act, the legislature impliedly ordains that although these may fall within the definition of 'shop' 'establishment' or 'commercial establishment', even then the provisions of the Act would not be applicable to the same.;