EMPLOYERS IN RELATION TO THE MANAGEMENT OF WEST MOODIDIH COLLIERY OF BHARAT COKING COAL LIMITED Vs. MAHESHI SAW

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed challenging the order dated 12.03.2013 passed in W.P.(L) No.1428 of 2012, whereby, the appellant was directed to make payment of interest over the gratuity amount for the period of delay on account of withholding payment of gratuity to the respondent.

(2.) The respondent was appointed on 01.07.1963 in Angarpathra Colliery of B.C.C.L. as Electric Helper and the Management recorded his date of birth as 20.03.1946 in Form B register and the respondent was superannuated on 15.09.1998. Even, prior to his retirement, the respondent has raised an industrial dispute on 14.07.1998 for correction of his date of birth as 20.03.1946 and the same was registered as Ref. No. 294 of 2000 before the Industrial Tribunal. The Tribunal upheld the action of the Management i.e. date of superannuation on 15.09.1998 as recorded by the Management.

(3.) The case of the respondent was that the respondent made several representation before the appellant for payment/release of the retiral dues and also the payment of gratuity. Stating that no relief is granted to the respondent. The respondent filed a writ petition being, W.P.(S) No. 641 of 2008 and the said writ petition was disposed of vide order dated 13.12.2008 with the direction to the appellant to release the retiral dues within a period of two months. According to the appellant-Management, the appellant deposited the gratuity amount before the controlling authority on 15.12.2008 and the respondent was also informed about the said deposit on 5/7.01.2009.