' This is an appeal preferred against the decision, dated 31st October, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 9, Multan, whereby the grievance petition of the respondent for gratuity and leave encashment was accepted in toto.
2. The respondent was a fitter in Government Transport Service, Multan. He was retired on 15th January, 1980 drawing total emoluments at Rs, 751 per mensem. By the intervention of Labour Department he was paid Rs, 17,419.80 by means of cheques in two instalments. The respondent was dissatisfied with the amount paid to him and brought the grievance petition. He claims the calculation of gratuity at the remuneration At of Rs, 751, which consist of basic pay of Rs, 512.33, cost of living allowance, house rent allowance, conveyance allowance and medical allowance. The rate at which he claims gratuity is 45 days per year and total period of service as 25 years, the period of service is 22 years, 10 months and 26 days according to Exh. R. 5, but the same is incorrectly given.
The respondent came in service on 24th January, 1955 and was retired on 15th January, 1980. So the total period of service is 24 years and 22 days. So he is entitled to gratuity for 25 years of service.
According to Cost of Living Allowance Rules of 1981, this kind of allowance is to be included in the wages for the calculation of gratuity. According to the definition of wages given in the Payment of Wages Act, house rent is included but value of house accommodation is excluded. If not house rent allowance but house has been provided to an employee, the value of the house accommodation cannot be included. Conveyance allowance and fixed medical allowance are not amenities but are given in respect of employment. The learned counsel for the appellant has not been able to cite any rule or law that may have excluded any of the above-mentioned allowances. In 1981 PLC 800 besides house rent, and conveyance allowance, tea allowance was also included in wages for the calculation of gratuity. The respondent is entitled to get wages in lieu of leave also according to rules. So the learned lower Court rightly issued directions to calculate and pay gratuity at the rate of 45 days per year including in the wages the above-mentioned allowances and to pay wages for the unavailed leave according to rules.
3. As a result, I do not find . Any force in the appeal and dismiss the same.