M/S. C.C.I. LTD. Vs. THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND OTHERS

JUDGEMENT

(1.) The matters are considered on their merits while ignoring the question of delay.

(2.) The appellant-Company seeks to assail the impugned order dated 26.02.2014 passed by the learned Single Judge in W.P.Nos.46165-66/2013.

(3.) Respondent No.3 served in the appellant-Company as its Chief Executive Officer, having joined the services on 06.12.1984 till 24.07.2009. It is the case of the appellant that respondent No.3 misused his office and committed illegal acts causing loss to the Company to the tune of Rs. 3.3 crores. According to the appellant, services of the third respondent were terminated by the Company by virtue of a resolution passed by the Board of Directors on the ground that he had caused loss to the Company and also on the ground of commission of acts which constitute offences involving moral turpitude. Thereafter, the appellant-Company issued a show-cause notice dated 23.08.2010 calling upon the third respondent to explain why the entire gratuity payable should not be forfeited. The third respondent submitted his reply denying the allegation and thereafter, the Company, after considering the explanation offered proceeded to forfeit the entire gratuity vide order dated 14.09.2010.