Seasonal sugar-mill retirees’ claims to 15-day gratuity must be assessed under the governing circular.

The petitioners were initially engaged as Non-Muster Roll (NMR) employees and later regularised as permanent Mazdoors.

After 37 to 43 years of service, they retired and received gratuity calculated at seven days’ wages for each completed year of service.

They claimed the balance, asserting entitlement to gratuity at 15 days’ wages per completed year under the Payment of Gratuity Act, 1972, and sought interest for delayed payment.

They relied on the Commissioner of Sugar’s circular dated 25 July 1990, which provides for 15 days’ wages for seasonal employees retiring after at least 20 years of service, but excludes NMR/casual service from the calculation.

Whether the petitioners were eligible for gratuity at 15 days’ wages for each completed year of service under the circular dated 25 July 1990.

Whether the respondents should be directed to pay the claimed balance gratuity and interest.

The Court relied on the Commissioner of Sugar’s circular dated 25 July 1990, which provides that seasonal employees retiring after a minimum of 20 years’ service are to receive gratuity at 15 days’ wages per year of service; service rendered as NMR or casual employees is not counted under the circular.

The petitioners invoked the Payment of Gratuity Act, 1972, but the Court did not interpret or apply a specific provision of that Act, nor cite any precedent.

The Court treated the petitions as raising a common question about the application of the circular.

Rather than determine that the petitioners were entitled to the claimed amount, it directed the respondents to assess each petitioner’s eligibility under the circular, including its service and minimum-duration requirements.

It required the petitioners to submit fresh applications with supporting documents, leaving the merits of their individual claims to the respondents.

The order does not separately determine the claim for interest.

If eligible, the petitioners are to receive the amounts due within four weeks of the applications’ receipt.

No costs were awarded.