Rajesh Shankar, J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 14.02.2005 passed by the Labour Commissionercum-Appellate Authority under the Payment of Gratuity Act, 1972 (in short "the Act, 1972") in Appeal Case No. P.G.-01 of 2003 whereby the order of the Deputy Labour Commissioner, Jamshedpur-cum-Controlling Authority has been reversed with a direction to recover the amount of gratuity of Rs.8,139/- paid to the petitioner pursuant to the order of the Deputy Labour Commissioner, Jamshedpur- cum- Controlling Authority.
(3.) The factual background of this case is that the petitioner was employed in the establishment of Respondent No. 3 since 30.03.1981 and separated from the service on 31.12.1999 after completion of 18 years and nine months. After retirement, the petitioner made representation to the respondent-company and vide letter dated 04.04.2000 the respondent-company also admitted that the petitioner was entitled to the gratuity amount of Rs. 1,18,819/- but only a sum of Rs.1,10,680/- was paid. The petitioner filed a case before the Controlling Authority-cumDeputy Labour Commissioner, Jamshedpur for recovery of the dues amount of Rs. 8,139/- which was decided vide order dated 12.06.2003 directing the respondent-company to make payment of Rs.8,139/- to the petitioner, which was complied by the respondent-company by making the said payment. However, the respondent-company also filed appeal before the Labour Commissioner-cum-Appellate Authority under the Act, 1972 being P.G Case No. 01 of 2003 , which was allowed by the impugned order dated 14.02.2005 directing the Deputy Labour Commissioner-cum-Controlling Authority, Jamshedpur under the Act, 1972 to recover the amount paid by the respondentcompany and refund it to the respondent-company.;