D.P. Kundu, J. - (1.) The petitioners are retired employees of the Mining and Allied Machinery Corporation Ltd. (for short MAMC). The petitioners have common cause of action as they retired from the services of MAMC under the Voluntary Retirement Scheme (for short VRS) introduced by MAMC for its benefit. The case of the petitioners is that in spite of acceptance of their retirement under VRS their retirement benefit of gratuity have not yet been paid by MAMC.
(2.) MAMC introduced VRS in 1989. The petitioners applied for voluntary retirement under VRS and the petitioners were thereafter, by respective orders, released from the services of MAMC under the said VRS with effect from the respective dates from the year 1993 as mentioned in the respective orders of retirement. The retirement of the writ petitioners under VRS took place during the period of 1993 to 1995. The following points arise for determination in the present case. 1. Whether, in view of the provisions of Payment of Gratuity Act, 1972 MAMC can withhold the payment of gratuity of the petitioners under the said Act on the plea that the petitioners have not vacated the residential accommodation allotted to them. 2. Whether MAMC, under the provisions of Payment of Gratuity Act, 1972 can deduct or adjust the dues purportedly payable by the petitioners on account of their house rent, electricity charges, water tax etc. from their amount of gratuity.
(3.) Whether Clause 6(2) of the VRS dated 26-5-89 is ultra vires of the Payment of Gratuity Act, 1972.;