THE GENERAL MANAGAR, KUSMUNDA AREA OF SECL, POST KUSMUNDA COLLIERY, DISTRICT KORBA (CG) Vs. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAIPUR (CG) AND ANOTHER

JUDGEMENT

(1.) South Eastern Coalfields Limited/petitioner appointed respondent No. 3 as Mine Loader on 2.1.1970. Date of birth of respondent No. 3 stood recorded in the SECL record as 6.3.1948 and as per correct date of birth, respondent No. 3 ought to have been retired from his service on 6.3.2008, but he was allowed to continue till 7.8.2012 and the petitioner-SECL removed the services of respondent No. 3 by order dated 7.8.2012 with immediate effect treating the date of birth of respondent No. 3 to be 5.3.1948. The petitioner-SECL paid Rs. 6,29,300.00 as amount of gratuity holding his date of superannuation to be 6.3.2008.

(2.) Respondent No. 3 filed an appropriate application before the Controlling Authority under the Payment of Gratuity Act, 1972 claiming balance amount of gratuity of Rs. 3,69,100.00 for the period commencing from 6.3.2008 to 7.8.2012. The Controlling Authority by its order dated 10.10.2013 allowed the application holding that respondent No. 3 was removed from his services by order dated 7.8.2012, therefore, he is entitled for balance amount of gratuity till 7.8.2012, which was affirmed in appeal by the Appellate Authority.

(3.) Feeling aggrieved against the order of the Controlling Authority as affirmed by the Appellate Authority, the petitioner-SECL has preferred this writ petition under Art. 226 of the Constitution of India stating inter-alia that respondent No. 3 is entitled for gratuity for the period from 6.3.2008 to 7.8.2012 as he was not entitled to work from 6.3.2008 to 7.8.2012 since his actual date of birth as per SECL record is 5.3.1948 and therefore, orders passed by both the authorities deserve to be set aside.