- (1.) Plaintiff M.L. Arora who was non-suited by the trial court but has been partly successful in the lower appellate court has filed the instant second appeal.
(2.) Plaintiff retired as Junior Engineer from the service of the defendants on 30.11.2003. The plaintiff alleged that he has not been paid his retrial benefits immediately on his retirement. Some amount was paid later on, on which he claimed interest. It was also alleged that defendants have withheld amount of Rs 1,61,392/- wrongly from the gratuity amount of the plaintiff alleging that the said amount is recoverable from the plaintiff on account of shortage of material and damage to transformers etc. The plaintiff in the suit challenged the withholding of the said amount claiming the said amount with interest.
(3.) The defendants pleaded that two show cause notices were issued to the plaintiff for missing parts of the damaged transformers worth Rs 35,829/- and for liability of the plaintiff to the extent of Rs 17,995/- out of compensation amount which had to be paid for non fatal accident of one Ravi Dutt. In addition thereto, some more amounts as detailed in the written statement were also due to be recovered from the plaintiff. Accordingly, withholding of amount of Rs 1,61,392/- from the gratuity amount of the plaintiff was sought to be justified.;