- (1.) Leave granted.
(2.) The respondent filed the writ petition challenging the refusal of the appellant to pay any gratuity or other retiral benefits to the respondent despite the fact that he had retired on 1.11.1986. The dispute was initially filed before the Labour Court. The appellant's plea that the gratuity was not paid because the workman had not given either store clearance or had not vacated the quarters was rejected by the Labour Court. The appellant was directed to pay the gratuity after deducting the store amount, with full salary for the period subsequent to the date of the respondent's superannuation and other consequential benefits and also pay Rs. 500.00 by way of costs. The writ petition from this order was dismissed by the High Court.
(3.) In our view, the Labour Court erred in treating the respondent to be in service even after the date of superannuation merely because the gratuity had not been paid. The reliance by learned counsel appearing on behalf of the respondent on the notification dated 15.7.1982 is misplaced. That notification reads as under: (1) The management shall pay the amount of gratuity to a retiring workman as may be found due to him by the management on receipt of a clearance slip from the workman in respect of articles of stores, advance, etc. The workman shall simultaneously vacate his quarters and hand over its possession to the management. (2) The retiring workman shall be deemed to be in service and shall be entitled to full wages and all fringe benefits as long as the employer does not tender the due amount of gratuity to him. (3) Receipt of payment of the amount of gratuity found due by the employer shall not prejudice the right of the workman to raise a dispute about it, if he considers the amount disputable even on vacation of the quarters and exit from the service. (4) This order shall apply to all workmen covered by the Wage Board for the sugar industry and shall remain in force till 31.12.1983.";