RAJES KUMAR, J. - (1.) BY means of the present writ petition, petitioner is challenging the order dated 03.11.1998 passed by the Presiding Officer, Labour Court, U. P. Gorakhpur Misc. Case Nos. 42 of 1991 and 45 of 1992.
(2.) THE petitioner was working as a Boiler Attendant in the respondent establishment and was due to retire in the month of October 1987, but was allowed to continue in service up to April, 1989 by way of extension. However, he was asked to leave on 30.4.1989. Admittedly, he was occupying a residential quarter provided by the respondent. By means of two applications, petitioner claimed salary for the period of May, 1989 to December, 1991 on the ground that he was not paid gratuity on the date of retirement which was due and thus, in view of Clause -11 of the Standing Order, his services was deemed to be continued and was entitled for full wages and all fringed benefits. Both the applications have been rejected by the impugned order on the ground that the petitioner could not vacate the quarter and has obtained Clearance Slip on 04.1.1991 and also moved application on 17.9.1991 for payment of gratuity, in which, it was also submitted that the quarter has been vacated. Heard learned Counsel for the parties.
(3.) LEARNED Counsel for the petitioner submitted that the gratuity was not paid to the petitioner, therefore, in view of Clause -11 of the Standing Order, he was deemed to be in service and shall be entitled for full wages and all fringed benefits. Thus, his claim for salary for the period of May, 1989 to December, 1991 should be allowed. Learned Counsel for the respondent submitted that despite offer being made, petitioner could not receive the gratuity, therefore, vide letter dated 02.7.1991, amount of gratuity was deposited with the Controlling Authority. Thereafter petitioner moved application on 17.9.1991 before the Controlling Authority for payment of gratuity, in which, it was stated that after giving the possession of the quarter, Clearance Slip was obtained on 04.1.1991 and on the basis of the said application, vide order dated 31.10.1991, amount of gratuity was paid to the petitioner. Application for deposit of gratuity dated 02.7,1991, application dated 17.9.1991 moved by the petitioner and order dated 31.10.1991 passed by the Controller are Annexure CA -4, 5 and 6. He submitted that since the possession of the residential quarter was not given by the petitioner no the management and Clearance Slip was not obtained in view of Clause -11 of the Standing Orders, he was not deemed to be in service after the date of retirement and shall not be entitled for any wages.;