R.BANUMATHI, S.Chandrashekhar, JJ. - (1.) THIS L.P.A is preferred against the order dated 10.12.2012 passed in W.P(S) No. 373 of 2012, by which learned Single Judge directed the appellant -company to pay the entire gratuity amount retained by them to the respondent along with interest @ 6% per annum.
(2.) THE respondent was the employee of the appellant - company and he retired from the service of the appellant -company with effect from 30.6.2006. By letter dated 9.6.2006, the respondent made a representation to the appellant -company requesting it to allow him to retain the quarters for a period of one year on the ground that the construction of his house at his native place is under way and it would require sometime. On the basis of the said representation, by an order dated 23.6.2006, the respondent was permitted to retain the quarters on certain terms and conditions. For retention of the quarters after retirement, the respondent voluntarily agreed to pay an amount equal to gratuity as security and to that effect, the respondent had also executed an undertaking. Permission to retain quarters was extended upto 31.8.2008 with the stipulation that no further extension thereafter would be granted. According to the appellant, with effect from 1.9.2008, the respondent became an unauthorized occupant. Since the respondent had not vacated the quarters, a case under the Public Premises(Eviction of Unauthorized Occupants) Act, 1971 was instituted for eviction as well as damages in Case No. A/E 07/2011. The said case was disposed of by the Estate Officer by an order dated 29.8.2012. In exercise of powers under section 7(2) and 7(2 -A) of the Public Premises(Eviction of Unauthorized Occupants) Act, the Estate Officer ordered for payment of damages as under : - "Damages @ Rs.2700/ - per month upto 16.06.09 and @ Rs. 3200/ - per month w.e.f. 17.06.09 till the date of vacation/eviction plus electricity and other charges and simple interest thereon @ 10% per annum till its final payment." According to the appellant, the security amount is refunded only on vacation of quarters after deducting all necessary dues, like rent, damage charges, electricity bill etc.
(3.) IN the above background, the respondent filed writ petition stating that he was not paid all retiral dues including the amount of gratuity. By the order dated 10.12.2012, learned Single Judge held that the appellants themselves have no jurisdiction to determine the penal rent/damages/mesne profit and that the same cannot be deducted from the post retiral benefits without invoking the provision of the Act. On those findings, the learned Single Judge directed the appellant to pay the entire amount retained by them to the respondent forthwith along with interest @ 6% per annum. However, liberty was given to the appellant to invoke the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act for determination/recovery of the penal rent/damages/mesne profit for unauthorized occupation and use of public premises by the respondent.;