R.R.PRASAD, J. - (1.) HEARD learned Counsel appearing for the Petitioner and learned Counsel appearing for the Corporation.
(2.) LEARNED Counsel appearing for the Petitioner submits that the Petitioner got retired from the post of Assistant Mining Manager, Jharkhand State Mineral Development Corporation on 31.1.1999. When the amount payable towards gratuity and leave encashment were not paid, the Petitioner made representation before the Respondent for making payment but No. order was passed and therefore, there was No. option left with the Petitioner but to move to this Court for a direction to the Respondents to make payment of the amount of gratuity and leave encashment. A counter affidavit has been filed wherein it has been stated that a sum of Rs. 2,43,636/ -is payable to the Corporation as the Petitioner had put the Corporation to loss to that extent.
(3.) LEARNED Counsel appearing for the Petitioner submits that even it is accepted for the sake of argument that on account of some negligence the Corporation has been put to loss to the extent claimed by the Corporation, the authority does not have any power under the Payment of Gratuity Act, 1972 or any other law to recover or to adjust that amount from the amount payable towards gratuity and the leave encashment and, therefore, the authority be directed to make payment of the amount which is admissible to the Petitioner towards leave encashment and the gratuity.;