D.P. Kundu, J. - (1.) All these writ petitions being W.P. 19311 (W) of 1997 (M/s. Williamson Magor) have been heard analogously because the questions involved in all these writ petitions are same. In all these writ petitions M/s. Williamson Magor & Co. Ltd. & Anr. (previously known as M/s. Macneill & Magor Ltd.) is the writ petitioner and hereinafter referred to as the employer. In these writ petitions the employer has challenged the Appellate Orders passed by the Regional Labour Commissioner (Central), Asansol-II being appellate authority under the Payment of Gratuity Act, 1992 confirming the orders of the Controlling Authority. As the matters have been heard analogously, common arguments have been made covering all these cases. Under these circumstances a common judgment is being passed covering all the aforesaid writ petitions. For the purpose of convenience the writ petition in W.P.19312 (W) of 1997 is being considered.
(2.) On January 9, 1998 the Learned Advocate appearing for the respondent workman submitted that he does not want to file any affidavit-in-opposition in connection with the writ application. Therefore, the Court will proceed on the basis of uncontroverted averments made in the writ application.
(3.) Admittedly Narugopal Laik, the Respondent No. 1 was a workman of the employer. It appears from Annexure 'A' of the writ petition that the Respondent No. 1 due to his personal domestic reason wished to take a voluntary retirement from the company with immediate effect even though he was formally supposed to retire on attaining the age of 59 years in December, 1993. The letter dated May 19, 1992, is Annexure 'A' of the writ petition. For the purpose of better understanding, the aforesaid letter dated May 19, 1992 is quoted herein below: : "The President, Macneill & Magor Limited, Mining Division, : 2, St. George's Gate Road, Hastings, 5th Floor, Calcutta-700022. May 19,1992 Dear Sir, This has reference to my discussion with you today. Due to my personal domestic reasons, I would like to take a voluntary retirement from the company with immediate effect even though I am formally supposed to retire on attaining the age of 59 years in December, 1993. As discussed and agreed, the above voluntary retirement is subject to understanding with the following being paid to me in one instalment. 1. Balance 20 months gross salary based on the March 1992 amount i.e. Rs. 5,030/- per month. 2. An adhoc amount of Rs. 10,000/- to cover up medical expenses and other costs. 3. A special lump sum payment of Rs. 1,500/- to cover up my other incidental expenses etc. 4. Leave encashment for the balance leave due to me. It is clearly agreed and understood that there will be no liability on either side after payment of the above. In addition, my PF and Gratuity may be paid as per rules as early as possible. Thanking you, Yours faithfully, N.G. Laik Mining Division, Dishergarh.";