NARAYANA RAO G Vs. NAGAMANI V R

JUDGEMENT

(1.) The arguments of the Learned Counsel on both sides are heard.

(2.) This revision is by the defendant in O.S.No. 10030/1992 pending on its file, directing Respondent No. 2 herein to withhold the Gratuity amount of Rs. 20,000 payable to petitioner until further orders.

(3.) The undisputed facts leading to this revision are as stated under: Respondent No. 1 filed his said suit i.e. O.S. No. 10030/1992, for recovery of money from petitioner who was an employee of Respondent No. 2 factory. During the pendency of the said suit Respondent No. 1/ plaintiff made an application before the Trial Court for the direction to Respondent No. 2 to withhold payment of the Gratuity amount payable to Respondent 1. Due to inadvertence, instead of withholding the payment of the said amount to petitioner, Respondent No. 2 deposited in Trial Court the Gratuity amount of Rs. 20,000/-payable to the petitioner. Thereafter, an application was made by Respondent No. 2 before the Trial Court praying that the said amount may be returned to it since the order of the trial Court was to withhold and not to deposit the same with it. Then by its considered order dated January 18, 1995, the Trial Court allowed Respondent No. 2's application directing refund of the said amount and with a further direction that the same shall be withheld for, payment to petitioner until further order. Aggrieved by that order petitioner/defendant has challenged the legality thereof in this revision on the ground that by virtue to relevant provision of Payment of Gratuity Act of 1972, the payment of said gratuity amount to him cannot be withheld in law.