CONTENTRA TECHNOLOGIES (INDIA) PVT. LTD. Vs. NIKHIL PAL

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India assails the order dated 23.05.2019 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 rejecting the petitioner's appeal against the order dated 13.06.2016 passed by the Controlling Authority.

(2.) The respondent, who had worked with the petitioner organisation as a Junior Project Executive from 01.12.2008 to 21.02.2015, approached the Controlling Authority with a claim petition dated 27.08.2015 praying for a direction to the petitioner to release his gratuity. As per the claim petition, the respondent's last drawn salary was Rs.11,518/- per month and, despite his demand notice dated 13.08.2015, the petitioner had failed to release his gratuity.

(3.) Upon notice being issued, the petitioner appeared before the Controlling Authority through its authorised representative on 28.09.2015 and sought time to file its reply to the claim petition, which it failed to do despite being granted repeated opportunities. In fact, none appeared on behalf of the petitioner on 26/10/2015, 18/11/2015 and 02/12/2015 and, therefore, the Controlling Authority was compelled to proceed ex parte against the petitioner on 02.12.2015. The Controlling Authority, therefore, relying on the unrebutted evidence of the respondent/claimant tendered before it, came to a conclusion that the respondent had rendered service from 01.12.2008 till 21.02.2015 and, accordingly, directed the petitioner to pay gratuity amounting to a sum of Rs.39870/- to the respondent along with 10% simple interest.