PROJECT OFFICER, KACHHI BALIHARI COLLIERY Vs. REGIONAL LABOUR COMMISSIONER
LAWS(JHAR)-2019-8-173
HIGH COURT OF JHARKHAND
Decided on August 07,2019

Project Officer, Kachhi Balihari Colliery Appellant
VERSUS
REGIONAL LABOUR COMMISSIONER Respondents

JUDGEMENT

RAJESH KUMAR,J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed by the employer-petitioner for quashing the order dated 10.03.2010 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 in Application No. 36(27)/2009.E.6 and the order dated 29.07.2010 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 in P. G. Appeal/(14)/2010 whereby the petitioner-employer has been directed to release the amount of gratuity in favour of the employee-respondent no. 3 herein.
(3.) Respondent no. 3 has been appointed as Time Keeper on 16.10.1971. He has been charged for taking bribe and proceeded departmentally and dismissed from service vide order dated 03/05.06.2000. After nine years of dismissal, an application dated 27.03.2009 has been made before the Controlling Authority for release of gratuity. The Controlling Authority vide order dated 10.03.2010, has quantified the gratuity as Rs. 1,66,527/- and directed to pay the same to the employee concern. This order has been challenged by the employer before the Appellate Authority. The Appellate Authority, after taking sympathetic view and length of service of the concerned employee, has directed to release 50% of the total gratuity amount i.e. 83,263.50/- to the concerned employee.;


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