Sukhdev Singh Kang, J - (1.) This judgment will dispose of Civil Writ Petition Nos. 230 and 231 of 1981 because they raise similar questions of law and facts.
(2.) It is not necessary to recount the facts of these cases since the issue arising therein stands covered by a recent judgment of a Division Bench of this Court in M/s. Darshan Engineering Works, Amritsar Vs. The Controlling Authority, Amritsar and others, 1983(2) LAB.I.C.,1451.
(3.) It will suffice to mention that Shiv Mangal Singh, respondent No.2 in Civil Writ Petition No.230 of 1981 was employed as a Court clerk with M/s. The Victory Public Hill Motor Transport Co.(P) Limited, Hoshiarpur (hereinafter referred to as 'the petitioner'). He served with the petitioner as Court-clerk from 19.3.1946 to 1.12.1979 when he resigned from service. At that time he was drawing Rs. 327.50 paise as his pay.. Since he had served for 33 years 8 months and 12 days, he claimed Rs. 5567.50. paise as gratuity under section 7 of payment of Gratuity Act, 1972. The Controlling Authority summoned the petitioner. Shri Igbal Singh, Director of the petitioner management appeared on 2.5.1980 and requested for a short adjournment to enable him to file the written statement. The case was adjourned to 8.5.1980 subject to payment of Rs. 15.00 as costs which were paid. However, on 8.5.1980 nobody appeared on behalf of the petitioner-management and the Controlling Authority proceeded ex parte. After recording the statement of respondent No.2, he gave a clear finding vide order dated 27.5.1980 that the petitioner was liable to pay Rs. 5387.90 paise as gratuity to respondent No.2. The petitioner filed an application for setting aside the ex parte order which' was turned down. Aggrieved by the order of the Controlling Authority, the petitioner has filed the present petition. Respondent No.2 appeared and contested the petition. He controverted the material factual averments. Similar are the facts in Civil Writ Petition No.231 of 1981.;