T P SHANMUGANATHAN Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972 AND REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the learned single Judge dated 08.6.2009 passed in W.P.No.7300 of 1999.

(2.) THE grievance of the appellant, ex-employee of the writ petitioner Bank, is that since he was not paid the gratuity as per the Payment of Gratuity Act, 1972 subsequent to his resignation on 07.5.1986, he approached the second respondent, viz., Assistant Labour Commissioner, Controlling Authority under the Payment of Gratuity Act, who, by his proceedings dated 16.3.1998 in P.G.No.30 of 1997, directed the Bank to pay a sum of Rs.34,765.62 being interest towards gratuity amount payable to him and the same was confirmed by the Appellate Authority, Regional Labour Commissioner in P.G.A.No.37 of 1998 by order dated 26.3.1999. Challenging the same, the Bank preferred the Writ Petition in W.P.No.7300 of 1999.

(3.) LEARNED counsel appearing for the appellant submitted that the Management of the Bank made appeal on 12.5.1998 against the order of the Controlling Authority without depositing the amount of Rs.34,765.62. He further submitted that the interim injunction dated 29.3.1988 in I.P.No.21 of 1986 obtained by a third party before the Insolvency Court, Tiruchirappalli, has no bearing to the payment of gratuity. LEARNED counsel would submit that even today, the appellant is not able to receive the amount.