This is a revision reporting that the decisions dated 10-3-1987 of the learned lower Court delivered in its appellate jurisdiction and dated 5-5-1987 of the Authority under the Payment of Wages Act arc without jurisdiction and of no legal effect.
2. The dispute between the parties is about the calculation of gratuity on allowances. The petitioner has been allowed gratuity at 45 days per completed year on basic pay and the appellant did not calculate gratuity on allowances. In the settlement on the basis of which gratuity has been allowed only this much is recorded that the period is extended from 30 days to 45 days per completed year. Nothing is said in the settlement whether gratuity will be calculated on allowances as well.
This is not known whether previously gratuity at the rate of 30 days per completed year was being given on the allowances also. Both the learned Courts below have said nothing in this respect.
Certain allowances are such which do not fall within the definition of wages. If previously gratuity was being given under some settlement on basic pay only, the respondent could not claim gratuity on the wages or allowances at 45 days per completed year.
3. As a result the revision is accepted and the case is remanded to learned lower Court for re- decision on the point whether the respondent is entitled to gratuity on allowances, if so what kind of allowances can be calculated.