DECISION ' This is an appeal against the order of the Labour Court dismissing the application made under section 34, I. R.
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2. The Union which was the 'Collective Bargaining Agent' made a demand of the gratuity for a certain period on the termination of the services, but this was not conceded to on the ground of different interpretation of law. Consequently, the Management made an application under section 34, I. R.
0. To seek an order of the Labour Court to support their view of the law. The application was opposed and it was pleaded that it was not maintainable as there was no secured right.
3. The learned Presiding Officer after hearing the parties upheld the preliminary objection and dismissed the application. Aggrieved by this, the present appeal had been filed.
4. Section 34 allows the 'Collective Bargaining Agent' or the employer to apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement. In the present case, it is plain enough that there is no question of any award or settlement. So, the main question center's round law. The provision relating to gratuity is for the benefit of the workmen and thereby it is their secured right and not the right of the employer. In other words, the law has created an obligation upon the employer to pay gratuity to the workmen.
So it is an obligation and not a right. There is a clear distinction between an obligation and a right.
Section 34 is intended to enforce a right and it does not cover a case of an obligation. In this view of the matter the application made under section 34 was misconceived and not maintainable. In fact, it was a question of interpretation of law and the Management made the application under section 34, I. R.
0. By circumventing the law and adopted a device by making an application under section 34, I. R.
O. Indeed, the Union can approach the Labour Court under section 34, I. R.
0. If the right of gratuity has been conferred as has been pleaded. The Management cannot approach for a negative decision which has been, in fact, sought by making the application.
5. In result the appeal is dismissed.