- (1.) THIS appeal has been preferred by the management of M/s. Indo Asahi Glass Co. Ltd. against the order passed by the learned Single Judge in W.P(C) NO.5363/2003 by which the writ petition filed by the appellant -management has been dismissed holding therein that the employee is entitled to get full amount of gratuity without any condition of payment of arrears of rent or penal rent.
(2.) IT is the case of the appellant -management that although the late husband of respondent no.3, late Ram Janam Singh retired from service on 12.01.1992 respondent no.3, the wife of the deceased husband failed to vacate the quarter no.H/60 situated in Unit no.48, Bhadani Nagar in the district of Ramgarh. The management -appellant, therefore, withheld the amount of gratuity that was payable to the deceased husband of respondent no.3. The respondent no.3, Smt. Talukraj Dei, therefore, filed an application before the respondent no.2, Controlling Authority cum Deputy Labour Commissioner, Hazaribagh for payment of gratuity which was opposed by the appellant -management of M/s. Indo Asahi Glass Co. Ltd. on several grounds including the delay as it was submitted that respondent no.3 had filed application claiming the amount of gratuity although she had not vacated the quarter which was allowed to be occupied by her late husband as an employee of the Company. The Deputy Labour Commissioner, Hazaribagh allowed the application in favour of wife -respondent no.3 against which the appellant -Company which was petitioner before the learned Single Judge filed a writ petition assailing the order passed by the Controlling Authority cum Deputy Labour Commissioner, Hazaribagh. It was contended before the learned Single Judge on behalf of the appellant -Company that the wife -respondent no.3 occupied the quarter unauthorisedly which was allotted to her late husband by the Company and although her deceased husband did not vacate the quarter the appellant -management was justified in withholding the amount of gratuity payable to the wife of the deceased employee. The learned Single Judge was pleased to dismiss the writ petition holding therein that Section 13 of the Payment of Gratuity Act clearly provides that the amount payable by way of gratuity cannot be attached even in execution of a decree or order of any civil, revenue or criminal court and Section 14 of the said Act gives an overriding effect of the provisions of the other Act. Therefore, the learned Single Judge refused to interfere with the order passed by the Deputy Labour Commissioner, Hazariabgh who had allowed payment of gratuity in favour of respondent no.3 -wife of the deceased employee. In support of the appeal it was contended by the counsel for the appellant -Company that the appellant -Company was well within its legal right to withdraw the amount payable by way of gratuity as the deceased -employee had failed to vacate the premises. On this it was queried as to why the appellant -Company failed to initiate any proceeding for eviction of respondent no.3 -wife of the deceased employee from the residential premises allotted to her husband to which the reply came instantly from the appellants counsel that the Company was closed down and the Company along with the residential premises was sold off to a third party and therefore, the Company could not take any action for eviction of the respondent no.3 as also the other occupants from other residential premises which were allotted to them.
(3.) IT is clear from these facts that the appellant -Company has lost its right and title over the house in question and therefore, the quarter which was allotted to the deceased husband of respondent no.3 obviously stands transferred to the subsequent purchaser who had purchased it from the appellant -Company. Thus, if the appellant -Company has lost its right to retain the residential premises which is in occupation of respondent no.3 it is difficult to appreciate as to how it can claim that the amount of gratuity is not payable by the Company. However, the question now remains that although the respondent no.3 may be entitled to the amount of gratuity payable to her deceased husband whether the same can be realized from the appellant -Company in the wake of the fact that the appellant -company has already been sold off to a third party and the appellant -Company is no longer the proprietor from whom the amount can be realized. ;