- (1.) Heard learned counsel for the parties. The petitioner is ex-employee of the Bokaro Steel Ltd. having voluntary retired on 31.05.2005, who has approached this Court inter alia seeking the following direction:- (i) to direct the respondent to forthwith release gratuity amount along with statutory interest in the light of section 7 of the Payment of Gratuity Act. (ii) for settlement of the quarter on lease basis as per the terms and conditions allotted to other ex-employee. (iii) to allow the petitioner and his family members to avail the medical facility of the respondent-employer. (iv) for the payment of bonus amount (v) to restrain the respondent for charging and realizing penal rent of quarter excessively.
(2.) It is not in dispute that the petitioner after his retirement sought to retain allotment of quarter in his name by submitting undertaking before the respondents requesting them to retain gratuity amount payable to him. The said undertaking is annexed as Annexure-A to the supplementary counter affidavit filed by the respondent on 16.02.2014.
(3.) The petitioner, however, submits that the said document is not in the nature of undertaking. Apart from the above, the petitioner claims to have made an application for license of quarter under licensing scheme of E/EF/F type under circular No. 01/07 vide application at Annexure-6 enclosing the Draft of Rs. 2980/- for the said purpose. Learned counsel for the petitioner, therefore, submits that the respondents have been insisting upon realizing penal rent of quarter without allotting quarter in question, even after he has submitted his application, which is not proper in the eyes of law. Therefore, the petitioner is entitled for the refund of the gratuity amount.;