FOOD CORPORATION OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Saket Tiwary, learned counsel for the petitioner, Mr. Uday Prakash Sharma, learned counsel for the respondent no.4 and Mrs. Kanak Verma, learned central government counsel for the Union of India.

(2.) By filling the present writ application, the petitioner Food Corporation of India seeks quashing of the order dated 30/31/1/2019 passed by the Deputy Chief Labour Commissioner (Central) Patna -cum- Appellate Authority under payment of Gratuity Act, 1972, by which the Appellate Authority has upheld the order of the Controlling Authority dtd. 31/1/2018 directing payment of gratuity to the respondent no.4 as also for quashing of the order of the Controlling Authority dtd. 31/1/2018, by which the Controlling Authority has directed the petitioner to pay gratuity to the respondent no.4 amounting to Rs.8,66,411.00 along with 10 per cent interest with effect from 31/9/2012 till the date of payment. The petitioner further seeks a direction to restrain the Labour Authorities to release the deposited amount of Rs.8,66,411.00.

(3.) The short facts, which led to the filing of present writ application is that in the year 2011, while the respondent no.4 was posted as AG-I (Depot) at FSD NRPA, under Food Corporation of India, D.O. Muzaffarpur holding the charge of stock and store as In-charge of shed no.1, shortage of 7,318 bags of Rice and 7940 bags of wheat of total amounting to Rs.1,41,08,020.00 was detected during special physical verification.