DIVISIONAL CONTROLLER Vs. KAFUKBHAI ABDULRAHEM VOHRA

JUDGEMENT

(1.) The present petition is filed under Article 226 and 227 of the Constitution of India challenging the order passed by the learned Controlling Authority in Gratuity Application No.269 of 2024 granting the simple interest on the gratuity at the rate of 7.5% for the period from 1/1/2013 to 14/12/2022 and the order passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the "Act") dtd. 23/12/2024 whereby, the appeal of the petitioner Company came to be rejected on the ground of delay.

(2.) It is the case of the present petitioner that husband of the respondent was working as a Driver and he remained on unauthorized leave for a period of two years and due to the said misconduct committed by the husband of the respondent, termination order was passed after holding departmental inquiry. As the Demand Reference was pending being Reference (IT) No.37 of 2000, the Approval Application came to be filed before the learned tribunal being Approval Application No.140 of 2003 in Reference (IT) No.37 of 2000. The said approval application came to be rejected by the learned tribunal vide order dtd. 18/5/2011 and being aggrieved by the said order rejecting the approval application, the petition came to be filed being Special Civil Application No.8535 of 2012 before this Court. This Court vide order dtd. 5/12/2012 has stayed the order passed by the learned tribunal rejecting the approval which was continued till 2021 and thereafter, this Court has dismissed the petition vide order dtd. 25/6/2021. Being aggrieved by the order passed by this Court dismissing the petition, intra court appeal was filed being Letters Patent Appeal No.468 of 2022 with Letters Patent Appeal No.469 of 2022 which was also dismissed by this Court vide order dtd. 23/6/2022. Thereafter, petitioner had undertaken the exercise of pay fixation of the deceased husband of respondent No.1 and difference of pay fixation amounting to Rs.12,24,019.00 was paid through cheque dtd. 22/11/2022 and another cheque was paid of Rs.6,06,742.00 for the remaining amount. Thereafter, based on the said pay fixation, the gratuity was computed and was paid by the cheque on 14/12/2022 for an amount of Rs.5,50,790.00. As on dismissal of the Letters Patent Appeal, exercise of doing necessary paperwork was undertaken by the petitioner as termination order of the husband of respondent No.1 in the year 2003, was finally adjudicated on 23/6/2022 by the Division Bench of this Court holding the termination illegal, and immediately on receipt of the order, the amount towards gratuity was paid to the respondent No.1. Thereafter, wife of the deceased husband who was respondent No.1 has filed an application on 1/10/2023 under the Payment of Gratuity demanding the interest on late payment of the gratuity amount.

(3.) Heard learned advocate Mr.Hamesh Naidu for the petitioner.