B. K. BHANDARI Vs. GOVT OF NCT

JUDGEMENT

(1.) The petitioner has challenged the order dated 31st December, 2015 whereby the Appellate Authority under the Payment of Gratuity Act dismissed the petitioner's appeal against the order dated 02nd September, 2014.

(2.) The respondent worked with the petitioner as a security guard for 428 days during the period 01st October, 1994 to 15th June, 2000. The respondent resigned from the petitioner's service on 15th June, 2000. The respondent thereafter raised an industrial dispute that the petitioner terminated his service after forcefully taking the resignation letter dated 14th June, 2000 whereupon the industrial dispute was referred to the Labour Court.

(3.) Both the parties settled all their disputes before the Labour Court on 07th February, 2007 in pursuance to which the petitioner paid a sum of Rs.19,700/- to the respondent in full and final settlement for all his claims. The Labour Court recorded the statement of the respondent on oath on 03rd February, 2007. The respondent stated on oath that no claim of any kind whatsoever remains due from the petitioner upon receipt of the settlement amount of Rs.19,700/-. The statement of the respondent recorded before the Labour Court on 03rd February, 2007 is reproduced hereunder:-