MANAGEMENT OF FERTILIZER CORPORATION OF INDIA LIMITED Vs. UNION OF INDIA
LAWS(JHAR)-2019-8-24
HIGH COURT OF JHARKHAND
Decided on August 05,2019

MANAGEMENT OF FERTILIZER CORPORATION OF INDIA LIMITED, THROUGH JAI PRAKASH, CHIEF MANAGER, SINDRI UNIT, DHANBAD, JHARKHAND Appellant
VERSUS
UNION OF INDIA THROUGH THE REGIONAL LABOUR COMMISSIONER (CENTRAL); CONTROLLING AUTHORITY UNDER P G ACT, 1972 AND ASSISTANT LABOUR COMMISSIONER (CENTRAL); SAHDEO TIWARY Respondents

JUDGEMENT

Rajesh Kumar, J. - (1.) The petitioner is the employer-Management of Fertilizer Corporation of India Limited.
(2.) Present writ petition has been filed against the order dated 09/10.08.2006 passed by the Controlling Authority under P.G. Act, 1972 in Case No.36/2/2003-E-2, and order dated 19.09.2007 passed by the Appellate Authority in P.G. Appeal No.31 of 2006 whereby, employer/petitioner had been directed to pay a sum of Rs.1,25,152/- (One Lakh Twenty Five Thousand One Hundred Fifty Two Only) towards Gratuity to the respondent-workman.
(3.) From the pleading, it appears that respondent-employee was a permanent employee under the petitioner-Corporation and after serving 31 years of unblemished service, he has retired on attaining the age of superannuation w.e.f. 31.01.1998. In spite of retirement, all the dues have been paid but Gratuity has been retained. The respondent-employee has filed statutory Form-N before the Controlling Authority for release of the Gratuity amount, which has been registered as Case No.36/2/2003-E-2 and vide order dated 09/10.08.2006, the employer/petitioner had been directed to release the amount of Gratuity, which has been quantified as Rs.1,25,152.07/-;


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