VANDANA VIDHUT LIMITED Vs. LABOUR COMMISSIONER AND ORS.

JUDGEMENT

(1.) Respondent No.2 herein was appointed as Boiler Operator in the petitioner's company on 1.7.2002. His last drawn wages as per salary slip for the month of November, 2011 was Rs. 7860/- (Basic Rs. 5895+DA Rs. 1965) . Thereafter, from 10.12.2011 respondent No.2 remained unauthorizedly absent from his duty leading to issuance of show-cause notice dated 10.12.2011. Respondent No.2 did not respond to the show-cause notice and tendered his resignation on 14.1.2012, which was accepted by the petitioner with immediate effect i.e.14.1.2012. Respondent No.2 filed an application under Section 7(4) of the Payment of Gratuity Act, 1972 (hereinafter called as "the Act of 1972") claiming gratuity amount from the petitioner. The Controlling Authority by its order dated 18.6.2013 granted Rs. 45,346/- (without interest) as gratuity taking last drawn wages as Rs. 7860/- indicated in the salary slip of the month of November, 2011.

(2.) Feeling aggrieved and dissatisfied with the order of the Controlling Authority, respondent No.2 preferred an appeal under Section 7(7) of the Act of 1972 before the Appellate Authority. The Appellate Authority by its order dated 3.3.2014 held that respondent No.2 is entitled for gratuity to the tune of Rs. 71,311/- along with 10% interest.

(3.) The petitioner Company has filed the instant writ petition questioning the order of the Appellate Authority stating to be contrary to the provisions contained in sub-section (2) of Section 4 of the Act of 1972 and explanation appended therein and has prayed that order of the Appellate Authority deserves to be set aside.