- (1.) By the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to recall and revoke to the extent the orders impugned direct payment of interest to the respondent no. 1 from the date of his superannuation from service of the petitioner company. The question that has cropped up for consideration is whether the petitioner company was justified in withholding the payment of gratuity to the respondent no. 1 during the pendency of the disciplinary proceeding in terms of Hindusthan Copper Limited (Conduct, Discipline & Appeal) Rules of 1979 (the Rules, for short).
(2.) The petitioner is a Government company to which the provisions of the Payment of Gratuity Act, 1972 (the Act, for short) apply. The respondent no. 1 joined National Aluminum Company in the year 1982. In the year 2005 he was transferred to the petitioner company as a Director (Personnel) and his gratuity amount from his former employer was also transferred to the petitioner company. His service conditions were governed by the Rules. On July 22, 2009 the petitioner issued a charge-sheet to the respondent no. 1 while he was acting as the Director (Personnel) in the matter of selection of an officer and also showing relaxation of selection criteria in favour of some employees at the time of his recruitment. During the pendency of the disciplinary proceeding that followed the said respondent had attained the age of superannuation on July 31, 2009. The respondent no. 1 filed a claim application for gratuity to the petitioner company and subsequently before the respondent no. 3, i.e., the Assistant Labour Commissioner (Central), Kolkata and the Controlling Authority under the Act.
(3.) By a finding dated May 21, 2012 the said respondent no.3 allowed the claim of the respondent no. 1. It has been determined that the gratuity payable to the respondent no. 1 is Rs. 10 lacs and the petitioner herein was further directed to pay simple interest at the rate of 12 per cent. on the gratuity amount for the period from August 1, 2009.;