SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the petitioner is aggrieved by an order dated September 11, 2018 passed by the Appellate Authority under the Payment of Gratuity Act , 1972 (hereinafter referred to as "the Act"). The grievance of the writ petitioner is that he has not been paid the admissible amount of Rs.10 lakhs payable as gratuity due to him as per the "Statement of Normal Separation Persons for the month of Oct- 2016" issued to him by his employer.
(2.) The chronological facts leading to this writ petition are as follows:- a. On 4th January, 1980, the petitioner was offered employment as Junior Sports Assistant at the Alloy Steels Plant, Durgapur (hereinafter referred to as "ASP") of the Steel Authority of India Ltd. (hereinafter referred to as "SAIL") on provisional basis. b. On 27th December, 2007, the petitioner was allotted a Category 'A' type quarter (his present residential accommodation) by a House Allotment Order of the ASP on payment of rent and electricity charges etc. c. Further, on 21st December, 2009, an ASP scheme for licensing of Category 'A' and Category 'B' type houses-2009 was circulated, to which the petitioner applied for licensing by depositing a sum of Rs. 5000/- [Rupees Five Thousand Only] as earnest money for the quarter allotted to him. Hitherto, neither has this earnest money been returned to him nor has he been notified about the status of the application for licensing. d. On 28th December, 2010, the petitioner was promoted to the post of Junior Officer, MED-Fuel of the ASP. Further, on 31st December, 2015 the petitioner was promoted to the post of Asst. Manager, MED-Fuel of the ASP. Thereafter, on 31st October, 2016, the petitioner vacated the office at the age of superannuation after rendering a continuous service of 36 years, 9 months and 22 days. e. On 24th February, 2017 and 25th October, 2017 the writ petitioner made an appeal to the Executive Director of the ASP for the allotment of quarter under 'ASP Scheme for Licensing of Category A/B type of houses-2009' on as is where is basis. f. The petitioner on 24th November, 2017, filed an application for direction of payment of Gratuity along with Form 'N' before the Controlling Authority under the Act, but the same was dismissed by an order dated 26th April, 2018. The order directed M/s SAIL to make payment of gratuity only after vacation of quarter allotted to the petitioner by the ASP. g. Thereafter, a proceeding was initiated by the ASP against the writ petitioner for unauthorized occupation of ASP Quarter. By an order dated 16th June, 2018 the Ld. Estate Officer, SAIL, Durgapur Steel Plant allowed the application and directed the petitioner to vacate the said quarter within 15 days from the days from the date of receipt of this order. The petitioner preferred an appeal to this order before the District Judge, Burdwan wherein a stay order was granted in favour of the petitioner till 1st August, 2018. Further, by an order dated 1st August, 2018 the stay order was extended till 14th November, 2018. h. The petitioner preferred an appeal before the Appellate Authority against the Controlling Authority's order and the same was dismissed by an order dated 11th September, 2018 directing the petitioner to pay penal rent to ASP for non-vacation of quarter after his superannuation. This penal rent was to be recovered from his gratuity thus, making the payment of gratuity conditional upon vacation of quarter by the petitioner. i. It is also important to mention that the writ petitioner has time and again received letters from ASP demanding payment of the utility charges in terms of the accommodation provided to him by the ASP and all such demands were timely paid by the writ petitioner. j. Hence, this writ.
(3.) The counsel for the petitioner, Mr. Arnab Ray submitted that the SAIL has an instrument known as the SAIL Gratuity Rules, with regard to matters of gratuity of the employees. Clause 3.2.1 (c) of the SAIL Gratuity Rules [hereinafter referred to as "the Rules"] provides that SAIL has the right to withhold the gratuity amount payable to an ex- employee for, inter-alia, non-vacation of its accommodation and no interest shall be payable on the gratuity so withheld for the period of "unauthorized occupation" of the said accommodation and up to one month after vacation thereof. However, no beneficial provisions have been opted for by the petitioner from the Rules.;