Dear friends,
First of all, I thank our friend Mr.Bharath for having invited me to participate in the on-going discussion regarding the eligibility of casual labor to gratuity under the Payment of Gratuity Act,1972 though the question is restricted to casual labor engaged during the seasons only. With meticulous attention and dispassionate analysis, I've considered the views of our learned friends M/S Madhu and KK!HR in the back drop of various judgments to the extent of my knowledge such as Surendrakumar Verma v. The C.G.I.T cum Labor Court [1980 SCC (4) 443], Jeevanlal Ltd v. A.A under the P.G Act [AIR 1984 SC 1842], Keshav Chand v. the State of Punjab [ AIR 1988 P&H 265], K.Velukkutty Achari v. Harrison Malayalam Ltd [1993 66 FLR 423 (Ker)], Municipal Council, Panna v. C.A and Another [ H.C, M.P (2002 -2- LLN-609 ]and Commissioner, Idappadi Municipality v. Joint Commissioner of Labor, Coimbatore [2014 II CLR 36 - Madras H.C ].
If we analyse the definition of the term "employee" u/s 2(e) of the PG Act,1972, the use of the word "any person" excludes only an apprentice and therefore clearly implies that all employees including casual, temporary are entitled to gratuity on the termination of their employment if they have rendered the continuous service as defined u/s 2-A of the Act. Of course there are certain other judgments distinguishing the terms "employed" and "engaged" under strict etymological connotations which, in my opinion, can not be a liberal approach of interpretation while considering a beneficial legislation like the P.G Act,1972. Following the ratio decidendi of the full bench judgment of the Punjab & Haryna H.C cited supra, the Himachal Pradesh High Court held that the period of service the workman rendered on daily wage post and regular post are to be counted for the purpose of payment of gratuity { HPSEB v. Balak Ram[ 2008(2)LLJ 8]}. The facts of the Harrison Malayalam Case cited are totally different.
The inevitable conclusion, therefore, is that whenever a casual labor completes the minimum qualifying service of not less than 5 years under the same employer, he is eligible and entitled for gratuity for those years in which he has rendered continuous service as per se.2-A upon the termination of his employment.