S. Chandrashekhar, J. - (1.) Seeking quashing of order dated 13.04.2012 in PGA (04)/2011 -Dy. CLC passed by the Appellate Authority under the Payment of Gratuity Act, 1972, the present writ petition has been filed.
(2.) The brief facts of the case are that, the respondent who was appointed in the service of the petitioner -company on 20.07.1973, attained the age of superannuation on 30.11.2007 and thereafter, he was engaged as Advisor, Material Management Division of Foundry Forge Plant (FFP) on retainership basis. He was provided accommodation facility and his retainership continued till 30.09.2008. The amount of gratuity payable to the respondent was determined and accordingly, notice dated 16.01.2008 was issued to him. However, the amount of gratuity was not paid to him due to non -payment of outstanding dues of Rs. 4,02,377/ - on account of occupation of the company's quarter. The respondent was required to vacate the quarter within three months from the date of disengagement that is, on or before 31.12.2008 and on his request, the management permitted him to retain the said quarter for a further period of two months that is, upto 28.02.2009 however, the respondent did not vacate the company's quarter and therefore, a proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was initiated vide Case No. 01 of 2009. The Estate Officer passed order dated 15.01.2010 declaring the respondent an unauthorised occupant. Against the said order the respondent preferred Misc. Appeal No. 05 of 2010 which was dismissed on 03.05.2010. Vide letter dated 06.04.2010 the respondent was directed to collect the amount of gratuity after clearing the outstanding dues of Rs. 4,02,377/ - however, the respondent did not clear the outstanding dues and he filed a petition before the Controlling Authority under the Payment of Gratuity Act, 1972.
(3.) Heard the learned counsel for the petitioner and perused the documents on record.;