Historic Judgement of Hon'ble High Court of Punjab and Haryana in r/o Payment of Gratuity to GDS officials

Dear Comrades,
Land mark Judgement Given by Hon'ble High Court of Punjab and Chandigarh in respect of Payment of Gratuity under section 7(4) of the payment of Gratuity Act 1972 and Rule 11(4) in CWP No.5290/2009 between The Sr.Supdt. of Post Offices, Hoshiarpur Division,Hoshiarpur V/S Sri Avtar Singh and others.For full text of the order copy please click the below link and down load.
http://lobis.nic.in/phhc/showfile.php?sn=6

The same Judgement was given by the same Judge in CWP No.5291 of 2009 between Sr.Supdt.Of Post Offices,Jalandhar Division,Jalandhar and Sri Santokh singh and others.For copy of order Please click the below link and down load.
http://lobis.nic.in/phhc/showfile.php?sn=2

In these two land mark Judgements it is clearly directed the department that the GDS officials Sri Avtarsingh and Sri Santokh sing were eligible for payement of Gratuity though they submitted resignation after completion of 20 and odd years as GDS officials and their claim was delayed by two years with reasons beyond thier control.First the officials approached to The Asst.Labour Commissioner(Central) to direct the controlling authority to pay the Gratuity amount. Sri R.K.AGRAWAL,Controlling Authority under PG Act, 1972 &Assistant Labour Commissioner (Central)Chandigarh in his order Date 1.2.08 directed the controlling authority to pay the Gratuity amount to the officials along with 10% simple interest.While final order given by Sri R.K. Agrawal made the following genuine comments towards the GDS employees"The court have observed that the gratuity is social welfare legislation Workers cannot be deprived of the same merely on account of late filing of application. Discretion exercised accordingly is just and proper. No. Interference required-Textmo Limited Vs. Ramdhan 1992 (65) FLR 742 (Del)" .The Supreme Court has simply held that EDA employees are Civil servant and entitled for protection under article under 311(2) of the Constitution of India.Under the circumstances, it is amply clear that the applicant was holding a post not Governed under CCS (Pension) Rules. The services condition of the workman was governed under the provision of E.D. Agents. The EDA (Extra Departmental Agents) no known as Gramin Dak Sevaks but the provisions of EDA (Conduct and Services) Rules are less favorable than the provisions of PG Act,1072. Under the circumstances, I am of the opinion that the applicant will fall within the ambit of Section 2(e) of PG Act, 1972.