GULAB PANDEY WD/O LATE VIDYADHAR PANDEY Vs. PRESIDENT / SECRETARY VIDYUT GRIH VIDYALAYA PRABANDHAN SAMITI

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and the Respondent No. 1.

(2.) Appellant is the widow of Late Vidyadhar Pandey. He was working as a Teacher in the school run by the Respondent No. 1-Establishment. Death of the employee occurred in harness on 16.10.1996. A claim therefore was made in the year 2011 before the Controlling Authority under the Payment of Gratuity Act, 1972-cum-Assistant Labour Commissioner, Korba, who allowed the application, fixed the liability upon the Respondent No. 1 to the extent of Rs.4,08,206.00. An appeal was preferred by the Respondent No. 1- Establishment before the Deputy Labour Commissioner, Raipur. The Appellate Authority, without giving much of reason reduced the gratuity amount to Rs.1,00,000.00 and also payment of interest of Rs.1,00,000.00 meaning thereby that the liability to pay under the Payment of Gratuity Act was fixed at Rs. 2,00,000.00 upon the Respondent No. 1.

(3.) The Respondent No. 1 decided to file a writ application. Writ application was heard by the learned Single Judge. The core issue which was required to be considered was whether there was legal obligation upon the Establishment to pay gratuity to the widow of the ex-employee.