HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12866 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners and Mr. Rajesh Kumar learned counsel for the respondent nos.1 & 2. Instant petition has been filed with the following prayers:- "(i) To issue a writ, order or direction in the nature of mandamus directing the opposite parties to consider total period of service for the purpose of calculation of gratuity under Payment of Gratuity Act 1972, including the period of work charge on wage/ minimum pay in the scale with the period of regular service and to modify the order of gratuity annexed as annexure no. 1 and 2. And to pay gratuity to the deponents considering total period of service for the purpose of calculation under Payment of Gratuity Act 1972. (ii) To issue a writ, order or direction in the nature of Mandamus directing the opposite parties to pay to the petitioners the arrears of gratuity with interest of 12% per annum. (iii) To issue any other writ, order or direction which this Hon'ble court may deem just and proper in circumstances of the case; (iv) To allow the writ petition with all costs in favor of the petitioner." Learned counsel for the respondent- Mandi Parishad submits that payment of gratuity Act, 1972 is not applicable to the services of the Versus Counsel for Petitioner(s) : Rajiv Srivastava, Avadhesh Kumar Singh Counsel for Respondent(s) : Surendra Kumar Singh, Rajesh Kumar Sharda Prasad Verma And Another .....Petitioner(s) Director Rajya Krishi Utpadan Mandi Parishad U.P. Kisan Mandi Bhawan Lko. And Another .....Respondent(s) petitioners and rather the Government Order dated 22.6.1987 would attract regarding payment of gratuity. He submits that the petitioners have prayed for payment of gratuity as per the provisions of the payment of Gratuity Act, 1972. Learned counsel for the petitioners submits that any change in the provisions at the level of Mandi Parishad would be subject to Section 5 of Payment of Gratuity Act 1972 and, therefore, in this view of the matter, the Government Order dated 22.6.1987 is redundant. After the aforesaid arguments, learned counsel for the petitioners submits that interest of justice would be subserved, if this Hon'ble Court may be given liberty to the petitioner to move an application before the respondent no.1, while claiming payment of gratuity under the applicable laws and the respondent no.1 is directed to consider and decide the same within time fixed. Learned counsel for the respondent Mandi Parishad has no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to make a fresh representation while claiming of payment of gratuity under the relevant laws, within 15 days and in case such representation is made, the respondent no.1 is directed to consider and decide the same, within a period of two month, from the date of production of certified copy of this order before him. With the aforesaid observations, the writ petition is disposed of. December 15, 2025 V. Sinha WRIA No. 12866 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench