Gramin Dak Sewak is not an “employee” under the Payment of Gratuity Act – Supreme Court Judgement
The Supreme Court has held that a Gramin Dak Sewak is not an “employee” under the Payment of Gratuity Act.The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra in Sr. Superintendent of Post Offices vs. Gursewak Singh observed that Gramin Dak Sewaks are engaged as Extra Departmental Agents, a post governed by the 2011 Rules, which have a separate provision for payment of Gratuity to the Extra Departmental Agents.
The bench also noted that Section 2(e) of the Gratuity Act excludes persons who hold a post with the Central or State Government and are governed by any other Act or rules providing for payment of gratuity.
However, the bench held that the Post & Telegraphs Department would be an establishment under the Payment of Gratuity Act.