1. The present writ application has been filed praying for direction
upon the respondents not to give further effect orders dated
18.05.2016 and 31.05.2024, passed by the Controlling Authority
and the Appellate Authority under the Payment of Gratuity Act,
1972.
2. The petitioner’s case is in short is that the Respondent No. 1 was
engaged in Petitioner Company as a Badli worker on 07.03.1976.
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The Respondent No.1 got his provident fund membership only
on 04.11.1981. The Respondent No.1 attained his age of
superannuation on 06.08.2009 as Badli itself. Throughout this
period i.e., 07.03.1976 to 06.08.2009 the respondent no.1
worked as badli employee i.e., in place and stead of permanent
employees, who are absent for any reason whatsoever. The
certified standing orders of the company authorizes the company
to engage ‘badli’ workman as substitute of a permanent
workman who used to be on leave or absent i.e., during
temporary vacancy caused by absenteeism.
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