SPECIAL OFFICER Vs. JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) THE matter arises under the Payment of Gratuity Act, 1972. THE petitioner is the Management of Srirangam Co-operative Urban Bank Ltd., represented by its Special Officer. In this Writ Petition, they have sought to challenge an order passed by the first respondent (Appellate Authority under the payment of Gratuity Act), Joint Commissioner of Labour, Trichy in P.G.A.NO.316 of 2010, dated 06.01.2011. THE appellate authority dismissed the appeal filed by the petitioner-Society, challenging an order passed by the second respondent (Controlling Authority under the Payment of Gratuity Act), Assistant Commissioner of Labour, Trichy, made in P.G.No.1/2009. Aggrieved by the order passed by the appellate Authority, the Writ Petition came to be filed.

(2.) WHEN the matter came up on 08.03.2011, this Court ordered notice regarding admission. Pending the notice, an interim stay was granted, which was subsequently extended. Aggrieved by the grant of stay, the third respondent has filed M.P.(MD)No.2 of 2011 seeking to vacate the interim order, which was supported by a counter-affidavit dated 13.04.2011.

(3.) IN the affidavit filed in support of the Writ Petition, the contentions raised by the Management of the Society was that the third respondent was only relieved from the service of the Bank and not retired under the special By-laws governing the service conditions of the employes of the Bank to the effect that "an employe shall be responsible for and liable to make any financial loss, which the bank may sustain on account of his negligence" and the employees have got right to forfeit the gratuity and a reliance was also placed upon a judgment of the Delhi High Court in MashroomAhamed Vs. Union of INdia (2007 LLR (SN) P.318).