- (1.) The appeal is at the instance of the workman. The order passed by the Controlling authority under the Payment of Gratuity Act, 1972 which was affirmed by the appellate authority vide order dated 27th July, 2005 had been questioned in the writ application by the employer. The Single Bench has allowed the writ application setting aside the order passed by the appellate authority under Payment of Gratuity Act, 1972.
(2.) Aggrieved thereby, the intra court appeal has been preferred. The workman filed an application before the controlling authority and Assistant Labour Commissioner, (Central), Asansol whereby the authority directed the employer to pay a sum of Rs.2,31,499/- towards gratuity to Sambhunath Chatterjee, ex-cashier, Sodepur Central Workshop, Eastern Coalfields Limited.
(3.) Sri Sambhunath Chatterjee was initially appointed as trainee in the Eastern Coalfields Limited. He was appointed on completion of the successful training, as blacksmith. He continued with the same employer. However, due to nationalisation of the Coalfields, the management was taken over by the Eastern Coalfields Limited. Gratuity was initially denied on the ground that he was still in possession of company's quarter unauthorisedly after his retirement. He was also denied gratuity for the training period from 9th April, 1968 to 31st May, 1972.;