- (1.) HEARD Mr. P. K. Sinha, learned Counsel for the petitioners and Mr. Virendra Singh chandel, learned Counsel for the opposite party no. 1. Undisputed facts of the case are that the opposite party No. 1, who worked on the post of cane Head Clerk on permanent basis, was an employee of Jarwal Road Sugar Factory, which was taken over by the U. P. State Sugar corporation and as such, he became the employee of Sugar Corporation. The opposite party No. 1 on attaining the age of superannuation retired from service, but he did not vacate the quarter, which was allotted in his favour as per service conditions. A clearance slip as required was submitted in respect of clearance of articles of the stores and advances etc. On February 12, 2001 the Store Keeper made a report that quarter has been vacated and as such, the gratuity was released on June 26, 2001.
(2.) IT is stated by the Counsel for the petitioners that the opposite party No. 1 failed to vacate the quarter on retirement and also did not furnish the 'no Dues Certificate', but he moved an application on June 4, 2001 under section 33 (C) (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act for the sake of brevity), for computation of wages for the period January 15, 2001 to May 31, 2001 in view of the Standing Order L. L. 8. Notices were issued, to which written statement was filed by the petitioners specifically stating therein that the opposite party No. 1 has not vacated the quarter and further he has not submitted the 'no objection Certificate' with regard to the vacation of quarter and as such, in view of the provisions of Standing Order L. L. 8, he is not entitled for the reliefs claimed in the application under section 33 (cx2) of the Act.
(3.) THE Labour Court vide judgment and order dated July 28, 2004 directed the petitioners to compute the wages of opposite party No. 1 as Rs. 22,566. 75 for the period january 15, 2001 to May 31, 2001 on the ground that the petitioners have failed to pay the gratuity amount on the date of retirement.;