UNION OF INDIA Vs. S.C.UPADHYAY

JUDGEMENT

(1.) BY way of this writ petition, a challenge has been made to the order dated 5th April, 2005 passed by the Central Government Industrial Tribunal- cum-Labour Court-II, New Delhi (hereinafter referred to as 'the Tribunal') in LCA No.2/1999.

(2.) BACKGROUND of the case is as under:- Respondent had joined railway services in 1965. On 15th June, 1988 while holding the post of 'Electrical Signal Man', respondent gave notice of voluntary retirement wherein respondent had stated that he was not in a position to continue for various attendant reasons. Petitioner had accepted the said notice on 10.8.1989 i.e., after a lapse of more than one year. Thereafter, when the respondent did not get any pension/retiral benefits, he had filed O.A.No.2212/89 before the Central Administrative Tribunal, Principal Bench, New Delhi for claiming the said benefit. Petitioner had filed counter affidavit therein the dates on which pension, provident fund etc. were released in favour of respondent. The petitioner took a stand that gratuity was withheld by it as the respondent had not vacated the accommodation allotted to him. After hearing the learned counsel for the parties, the Tribunal vide its order dated 16th August, 1990 held that withholding of the entire amount of gratuity was not legally sustainable and ordered for the release of gratuity amount in favour of respondent after deducting the normal licence fee from 10.8.1989 within three months from the date of communication of the said order.

(3.) THE aforesaid LCA was disposed of by the Tribunal vide order dated 14th February, 1997 wherein petitioner was directed to make the payment for outstanding wages, leave encashment and interest on gratuity. The details of payment are given in the said order.