SUDHANSHU DHULIA,J. - (1.) This is the employers writ petition challenging the order dated 05.07.2012 passed by the Regional Labour Commissioner (Central) Dehradun in P.G.A. Appeal D-36/05/2011 upholding the order dated 20.07.2011 passed by the Central Assistant Labour Commissioner, Dehradun, whereby a sum of Rs.2,39,948/- (Rupees Two Lakh Thirty Nine Thousand Nine Hundred Forty Eight Only) has been awarded to respondent no.3 as gratuity with an interest of 10% per annum.
(2.) The petitioner went in appeal before the Regional Labour Commissioner (Central) Dehradun under Section 7 of the Payment of Gratuity Act, 1972 where it was dismissed for non prosecution. The matter is now before this Court.
(3.) In short the facts of the case are that respondent no.3 was working on a Class IV post of 'Daftari' in the Central Bank of India, at Meerut. While he was in service in the Central Bank of India, a departmental inquiry was constituted against respondent no.3, inter alia, for the charges that he had opened a society of bank employees, and the charge was that the bank employees are depositing money with that society thus causing financial harm to the bank, as otherwise they would have deposited this amount with the bank. This charge stood proved against respondent no.3 and the services of respondent no.3 were terminated vide order dated 10.04.2002, after the respondent no.3 had already rendered 28 years of service in the Bank.;