- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction for quashing the order dated 27.11.2003 passed by respondent no.2 in P.G. Appeal No. 35/2003. The further prayer is for issuance of an appropriate writ, order or direction that the date of appointment of the petitioner is 1.2.1962 and that should be treated to be period for service for the purpose of calculating the Gratuity payable to the petitioner as per the order dated 11.2.2003 passed by Assistant Labour Commissioner (Central) at Hazaribag in O.S. case no. 36/1/(52) 2002 on an application under Section 7 of the Payment of Gratuity Act, 1972 and further for issuance of an appropriate writ, order or direction commanding upon the respondents to pay the balance amount of Rs.45,436/ -being the difference of amount of Gratuity as per the Order dated 11.2.2003(Annexure -6) with an interest @ 18% per annum till the date of payment.
(2.) THE main contention raised by learned Sr. Counsel for the petitioner, namely, Mr. V. Shivnath, is that the petitioner was entitled for gratuity w.e.f. 1.2.1962 and not w.e.f. 1.12.1965 for the sole reason that he had worked from 1.2.1962 which was his date of appointment. However, the issue came for consideration before appellate authority i.e. Regional Labour Commissioner, (Central), Dhanbad who is designated authority for the payment under Section 7 of the payment of Gratuity Act, 1972 and a conclusive finding has been given at para -8 and 9, which is quoted as under: A perusal of service excerpt it is observed that the date of appointment has been overwritten without any attestation. Similarly in the service sheet the date of appointment also overwritten made to read as 1.2.1962. It is also observed from the letter dated 11/14.1.2003 addressed to the Regional Commissioner, CMPF, Ranchi the date of appointment also overwritten (as it appears 1.9.1963). From the appointment letter of 1.2.1962 it is observed that the date of 1.2.1962 appears to be written separately and further in this letter he has been asked to report for duties latest by some date of February, 1962 though apparently the year appears to be 1962 but not without any doubt. Further this letter does not indicate that he joined the organization on 1.2.1962.
(3.) SINCE all the statutory documents, form -B under Mines Act, form -F under Payment of Gratuity Act and the monthly pay slip(which he have received every month) contains the date of appointment as 1.12.1965 and the Respondent have not submitted anything that he ever objected that his date of appointment is not 1.12.1965 prior to superannuation. On this ground, the date of appointment mentioned as 1.2.1962 in pension paper cannot be accepted for the payment of gratuity. I, therefore, upheld the contention of the appellant -employer that the date of appointment of the Respondent -employee is 1.12.1965 and the Respondent be paid gratuity according to this date of appointment. Accordingly the Respondent -employee is entitled to receive gratuity for the period from 1.12.1965 to 31.1.2002 i.e. for 36 years 2 months. There is no dispute regarding date of retirement and last wages drawn as Rs.454.36 per day. Thus the total gratuity amount comes to Rs.277159.60 or rounded off Rs.277160.00(Rupees two lakhs seventy seven thousand one hundred sixty only).  The aforesaid findings is against the petitioner and it was held that none of the statutory document which includes form -B under Mines Act, Form -F under Payment of Gratuity Act and even the monthly pay slip indicated the date of appointment as 1.2.1965 and each of the aforesaid document indicated the date of petitioners appointment as 1.12.1965. Upon specific enquiry no single representation or document has been found which goes to prove that the petitioner has challenged wrong recording of the age as 1.12.1965 in stead of 1.2.1962 as claimed. ;