R. HAREESH KUMAR Vs. BHARATH EARTH MOVERS LIMITED

JUDGEMENT

(1.) Mr.Shailendra M.R., learned counsel for the appellant.

(2.) Facts leading to filing of this appeal briefly stated are that the appellant was an employee of the respondent No.1. The appellant had rendered 30 years of service for a period from 23.08.1980 to 30.09.2010. It is the case of the appellant that the respondent, while calculating the gratuity, ought to have taken into account the entire period of service rendered by the appellant. However, the respondent paid only 30% of the gratuity for a period from 2003 to 2010 and as a result of which, the appellant was paid a sum of Rs.59,167/- as gratuity. According to the appellant, even 30% of the salary which was payable to the appellant for the services rendered between the period from 12.03.2003 to 30.09.2010 was not paid. The appellant thereupon filed a writ petition seeking a direction to the respondent to pay the amount of gratuity as well as 30% of the wages to the appellant disputing the memo of calculation prepared by the respondents. The learned Single Judge, vide order dated 09.10.2014, inter alia, held that admittedly the appellant cannot maintain a petition under the provisions of Payment of Gratuity Act. It was further held that with regard to the dispute of the amount payable to the appellant on account of backwages and monetary benefit, the same cannot be adjudicated in a proceeding under Article 226 of the Constitution of India and therefore, the appellant was granted liberty to institute proceeding before the competent Civil Court. In the aforesaid factual background, this appeal has been filed.

(3.) Learned counsel for the appellant, at the outset, submitted that he be granted liberty to approach the competent authority with regard to his grievance for short fall in payment of amount of gratuity to the appellant. The aforesaid prayer has not been opposed by the learned counsel for the respondent.