BADRI NATH KOUL Vs. STATE OF J & K

JUDGEMENT

(1.) The instant writ petition has been filed for quashing of order dtd. 20/3/2019 passed in a gratuity claim filed on 31/8/2017 by the private Respondent no. 3 (Original Applicant in the claim application), against the petitioner company, whereby, the Controlling authority under the Payment of Gratuity Act,1972 i.e. Assistant Labour Commissioner - Srinagar, has decided the issue as to "whether the instant application is hit by limitation?" in favour of the Respondent No. 3, (the Applicant therein) and against the Petitioner (Non -Applicant therein).

(2.) The impugned order had mainly dealt with the issue of limitation, among other issues, wherein the Respondent No. 3 had prayed for the payment of gratuity along with interest. The petitioner filed objections through their counsel resisting the claim on the grounds that;

(3.) The present writ petition has been preferred by the petitioner being partner of the firm M/S Gautam Engineering Company, Srinagar having employed Respondent No.3 in the year 2009. It is the specific stand of the petitioner that respondent no.3, while in employment, took an advance loan amounting to 50,000/- from the petitioner through cheque vide No.192325 dtd. 25/6/2016 and by cash amounting to Rs.20,000.00 on 17/11/2016 plus an additional advance of Rs.5,000.00on 31/12/2016. Thus total advance amount received by Respondent No. 3 was Rs.75,000.00 ,out of which Respondent No.3 has paid four instalments of 5,000/- leaving behind the balance of Rs.55,000.00 which the Respondent No.3 owes to the petitioner company. Respondent no.3 was assigned the job to deal with the sale and purchase of the company and was also given a laptop to deal with the clients of the company, wherein data related to all business secrets, transactions and planning was stored.