MANAGEMENT OF HOTEL ASHOK Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) THE writ petition impugns, (i) the order dated 27th December, 2006 of the Controlling Authority under the Payment of Gratuity Act 1972 holding that the respondent no.2 Mr. Vinod Saxena is entitled to an amount of Rs.2,90,150/- as gratuity from the petitioner and directing the petitioner to pay the said amount to the respondent no.2 together with interest at 10% per annum till the date of payment; and (ii) the order dated 6 th February, 2008 of the Appellate Authority under the said Act dismissing the appeal of the petitioner.

(2.) A perusal of the orders shows that there was no dispute that the respondent no.2 upon superannuation from the employment with the petitioner was entitled to gratuity in the sum of Rs.2,90,143/-. The said gratuity was not paid by the petitioner owing to the respondent no.2 having not been able to obtain No Dues Certificate from the Chanakya Co-operative Thrift and Credit Society Ltd, as required to obtain as per the Form prescribed by the petitioner for release of gratuity. The orders further record that a sum of Rs.90,243/-was stated to have been due from the respondent no.2 to the said Society.

(3.) THIS Court while issuing notice of the petition had stayed the operation of the said orders. It is however informed that as a condition for filing the appeal, the amount in terms of the order of the Controlling Authority was deposited before the Appellate Authority and which had been released to the respondent no.2 even prior to filing of this petition. The counsel for the respondent no.2 however states that a further sum of approximately Rs.35,000/- is still due to the respondent no.2 in terms of the order of the Controlling Authority.