- (1.) HEARD .
(2.) THIS writ petition is directed against the order dated 1.5.2001 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 and also order dated 18.2.2002 passed by the Appellate Authority under the aforesaid Act. Respondent No. 1 was in service of the petitioner 'scompany. During the service, some departmental proceedings were initiated against him. These proceedings continued to remain pending even at the time of his retirement on attaining the age of superannuation. Respondent No. 1 retired from service on 28th February, 1998. After his retirement, he approached the Controlling Authority under the Payment of Gratuity Act, 1972 with an application for payment of gratuity which was wrongly denied to him as a post retiral benefits. This application was allowed by the Controlling Authority directing the employer -petitioner to pay gratuity alongwith statutory interest to the Respondent No. 1 vide order dated 1st May, 2001. This order came to be assailed by the petitioner before the appellate authority. The appeal also came to be rejected vide other impugned order dated 18th February, 2002.
(3.) DURING the pendency of this petition, disciplinary authority of the petitioner company passed an order dated 19th September, 2003 imposing penalty of removal from service on conclusion of disciplinary proceeding earlier initiated against respondent no. 1. This order has been placed on record through supplementary counter affidavit filed by the respondent no. 1.;