- (1.) THIS special appeal has been directed against the order dated March 7, 1996 passed by the learned S. B. in S. B. Civil Writ Petition No. 300/1996, whereby appellant's writ petition was dismissed holding that the order dated November 2, 1995 (Ann. 7) passed by the Authority did not give any cause of action to the petitioner to file the writ petition.
(2.) A brief resume of the facts relevant for the disposal of this appeal can be recapitulated in a short compass. On April 24, 1995 Shri Mahesh Chand Sharma (Respondent No. 2) filed a claim (Ann. 3) under Section 17 (1) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (briefly the Act) before the Authority (Respondent No. 1) with the averments that he was working as a Working Journalist with the daily Navajyoti News Paper Establishment (briefly establishment), that he retired on March 30, 1993 after serving for a period of 30 years, that the terms and conditions of his service were governed by the Standing Orders and the provisions of the Act, that at the time of his retirement the Establishment computed gratuity on the basis of his basic pay and dearness allowance only @ Rs. 5248/- per month whereas as per provisions of Section 52 (rr) of Industrial Disputes Act r/w Section 5 of the Act he was entitled to get the gratuity computed on his wages including all remuneration capable of being expressed in forms of money namely, free facility for telephone, news papers and conveyance allowance amounting to Rs. 6427/-per month as per details shown in his statement of claim. Since he had been continuously in service for 30 years, he was entitled for gratuity equivalent to 15 months wages. But the Establishment has only computed his gratuity for 12 years and six months only. Besides that, his monthly salary ought to have been computed following the pattern of fixation of wages @ 26 working days in a month. Thus his gratuity amount works out to Rs. 1,37,206. 00. Besides that, as per Standing Order No. 13 of Navajyoti Service Rules (Standing Orders), he was also entitled to three months notice prior to his retirement or in lieu thereof three months pay, which amounts to Rs. 23,782. 50 but the appellant has paid him Rs. 65,613/- only as gratuity. Respondent No. 2 further averred that during service he was getting free telephone facility @ Rs. 500/- per month, free news paper facility @ Rs. 250/per month and Rs. 750/- p. m. as reimbursement of petrol for the conveyance. Thus, he is also entitled to get the gratuity on this amount of Rs. 1,500/- per month.
(3.) THE Respondent No. 1 vide its letter dated June 19, 1995 (Ann. 4) directed the appellant to make the payment of Rs. 95,375. 50 as per claim filed by the Respondent No. 2 and to intimate by the next date about the payment so made failing which ex-parte order for the recovery of the money due shall be passed against him. The appellant challenged the letter (Ann. 4) by filing S. B. Civil Writ Petition No. 2957/1995, which was allowed by the learned Single Bench vide its order dated September 7, 1995 and it was directed that letter Ann. 4 be treated only as a show cause notice to the appellant, who shall be free to appear and raise all objections with regard to the claims in question including the jurisdiction of the Authority to decide the matter.;