THE GENERAL MANAGER (TREASURY), STATE BANK OF TRAVANCORE Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (CENTRAL) AND ORS.

JUDGEMENT

(1.) THE petitioner who is the General Manager, State Bank of Travancore has filed this writ petition challenging Exts. P2 and P4 proceedings of respondents 1 and 2 by which, the action of the petitioner in denying gratuity to the third respondent was found to be unsustainable.

(2.) THE third respondent was a Peon of the State Bank of Travancore. He had joined service on 13.10.1979. In the year 2002, disciplinary proceedings were initiated against him alleging various acts including misappropriation of money. The third respondent admitted the charges. Nevertheless, a domestic enquiry was conducted, the third respondent was found guilty and was discharged from service. However, the order specifically stated that, he would be entitled to his superannuation benefits admissible as per law. Since the third respondent was not paid his gratuity, he approached the second respondent, the Controlling Authority under the Payment of Gratuity Act, 1972 (the 'Act' for short). Since he had not filed his petition within the stipulated time, he also sought for condonation of the delay. The matter was considered and the second respondent condoned the delay by separate proceedings.

(3.) AGGRIEVED by Ext. P2, the petitioner preferred Ext. P3 appeal to the first respondent. The first respondent has by Ext. P4 confirmed the decision of the controlling authority in Ext. P2 and has dismissed the petitioner's appeal. The petitioner has therefore filed this writ petition challenging Exts. P2 and P4.