MANAGER, HARISONS MALAYALAM LIMITED Vs. SMT. VASANTHA

JUDGEMENT

(1.) The petitioner challenges Ext.P1 order passed by the Controlling Authority under the Payment of Gratuity Act and Ext.P3 order passed by the Appellate Authority affirming the Ext.P1 order.

(2.) By Ext.P1, the petitioner was directed to pay the gratuity to the tune of Rs.49,875.00 to the 1st respondent along with simple interest at the rate of 10% per annum with effect from 23.11.2007. It was further directed that in the event of failure to pay the same within a period of 30 days, the amount would be realised together with compound interest at the rate of 15% per annum invoking the provisions of Revenue Recovery Act read with section 8 of Payment of Gratuity Act, 1972. The appeal filed by the petitioner was dismissed as per Ext.P3 order.

(3.) The 1st respondent's husband was a worker under the petitioner Company. He resigned from service on 22.10.2007, after rendering 35 years of service from 01.01.1973. The 1st respondent approached the Controlling Authority under the Payment of Gratuity Act, complaining that the Gratuity is denied on the ground that she was unlawfully occupying Company's land. However the Authority found that Gratuity cannot be denied to the 1st respondent and directed payment of the same along with interest with a default clause.