Narendra Nath Tiwari, J. - (1.) The petitioner is aggrieved by the order dated 25-9-2003 passed by the Controlling Authority-cum-Deputy Labour Commissioner, Hazaribagh under the Payment of Gratuity Act. By the said order the said authority has held that there is no provision for withholding the amount of gratuity on the ground of continuing in the quarter by an employee.
(2.) The claim of the concerned respondent was that after the death of her husband, her son is employee and she should be allotted the same quarter as has been done in other cases. It has been stated that 20% of the quarters is meant for such cases and that her case can be considered under that provision. The Management denied the said claim of the employee-widow. It has been stated that unless the quarter is vacated and the entire penal rent is paid, the amount of gratuity cannot be paid to the widow.
(3.) Two issues arose before the said authority. (i) Whether the petitioner being the widow of late Ram Janam Singh is entitled to get the amount of gratuity (ii) Whether the petitioner has right to continue in the quarter in absence of any order of the Management After hearing the parties the said authority came to the conclusion that the petitioner is entitled to get the amount of gratuity being the widow of the workman late Ram Janam Singh. Regarding the Issue No. (ii), it has been held that if she is not entitled in absence of any order of the Management, she will vacate the quarter within 60 days in order to get the amount of gratuity with interest.;