GANDHIPURAM SARVODAYA SANGAM Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) THE petitioner Gandhipuram Sarvodaya Sangam, represented by its Secretary has questioned the order dated 27.11.2008 passed by the 1st respondent in I.A.No.125 of 2008 in G.A.No.91 of 2007 seeking to quash the same and for a consequential direction to the 1st respondent to decide the maintainability of G.A.No.91 of 2007 as a preliminary issue.

(2.) THE petitioner would state that the 2nd respondent was issued with a charge memo dated 04.02.2002 and was dismissed from service by an order dated 18.03.2002. On the basis of the order of a Division Bench of this court dated 23.01.2004, the petitioner Management conducted enquiry and ultimately, by an order dated 26.02.2004, the 2nd respondent was dismissed from the services of the petitioner Management. A notice under Section 4(6)(b) of the Payment of Gratuity Act (hereinafter called the 'Act'), 1972 was issued to the 2nd respondent to show cause as to why the gratuity amount payable to him should not be withheld on account of the gravity of the misconduct committed by him. As no reply was received from the 2nd respondent, by a letter dated 07.12.2007, the 2nd respondent was informed about the withholding of the gratuity amount payable to him. In the meantime, the 2nd respondent filed G.A.No.91 of 2007 claiming a sum of Rs.3,27,825/- towards gratuity.

(3.) LEARNED counsel for the petitioner Sangam submits that the 2nd respondent has not challenged the order of termination. Unless the order of termination is set aside, there is no obligation on the part of the petitioner Management to pay any gratuity to the 2nd respondent/workman and therefore, the application in I.A.No.125 of 2008 filed by the petitioner has to be decided on the question of maintainability of the gratuity application. However, the authority under the Act has rejected the Interim Application on the ground that deciding the Interim Application would amount to allowing the Gratuity Application.