1. The present writ application has been preferred praying for
direction upon the respondents to cancel and set aside the
orders dated 29.11.2023 and 26.09.2024, passed by the
Controlling Authority and the Appellate Authority respectively
under the Payment of Gratuity Act, 1972.
2. The petitioner‟s case is that the respondent no. 1 was engaged
in petitioner‟s company as a Badli worker on 07.05.1976. The
respondent no. 1 got his provident fund membership only in
the year 1980. The respondent no. 1 attained the age of
superannuation on 01.07.2014 as a Badli. Throughout this
period i.e., 07.05.1976 to 30.06.2014 the respondent no. 1
worked as badli employee i.e., in place and stead of
permanent employees, who were absent for any reason
whatsoever. The certified standing orders of the company
authorises 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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