Refresher Questions for Exam Preparation (Set - 1)

 Rules, Rights & Rites -46
Gratuity to the  Gramin Dak Sevaks (GDS) as per the Gratuity Act 1972 dismissed

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Gratuity to the  Gramin Dak Sevaks (GDS) as per the Gratuity Act 1972 dismissed
• Supreme Court and Karnataka High Court observations confirm GDS are Post Office holders under Central Government. 
• They are governed by Gramin Dak Sevaks (Conduct & Employment) Rules. 
• A separate provision for payment of Gratuity exists for GDS. 
• GDS are not considered "employees" under Section 2(e) of the Payment of Gratuity Act, 1972, and therefore, are not entitled to gratuity under this Act. 
• The 1972 Act covers individuals holding a post with the Central or State Government, or a local authority, but does not extend to GDS. 
• Gramin Dak Sevaks are considered Extra Departmental Agents, a post governed by the Gratuity to the Extra Departmental Agents Rules. 
• Gramin Dak Sevaks are explicitly not considered "employees" under the 1972 Act. 
• "Employee" means any person (other than apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop. 
• This includes work of skilled, semi-skilled, unskilled, manual, supervisory, technical, or clerical nature. 
• It also applies to those employed in a managerial or administrative capacity, and those who hold a post under Central Government or a State Government, or any local authority, if relevant rules provide for gratuity payment. 
• The Hon'ble Karnataka High Court's ruling on 06.07.2022 in CA No.3150-3151/2019, along with other appellate authority orders, directed the Department to pay Gratuity under the Payment of Gratuity Act, 1972. 
• However, current applications for gratuity under the Payment of Gratuity Act, 1972, were rejected/dismissed based on the understanding that GDS are not covered by the Act. 
• The instant claim applications for gratuity were "devoid of merits" and dismissed
• The order of the Asst labour Commissioner Vijayawada on 22.5.2025 dismissed the petitions claiming the GDS to be brought under Gratuity Act 1972.
(DG (P) No. 19-12/2025-GDS dated 18.6.2025)