V VAJJIRAVELU Vs. BINNY LIMITED

JUDGEMENT

(1.) Aggrieved by the order dated 14.2.2011 passed by the learned single Judge in W.P. No. 16247 of 2007 wherein and by which the second respondent employee of the writ petitioner Binny Ltd.. was directed to vacate the residential quartets and hand over the same to the Company, the employee has filed the present writ appeal. Heard the learned counsel for the appellant and the learned counsel representing the first respondent. Company and perused the materials on record.

(2.) From the averments made and on going through various materials produced on behalf of the appellant and also the impugned order passed by the learned single judge, it is seen that while the appellant was employed with Binny Limited, he was allotted a quarters under the deed of licence dated 9.2.1981 as per which, he should deliver vacant possession of the house to the Company within the time stipulated in the notice of termination of licence. Since the appellant did not surrender the quarters even after attaining the age of superannuation, the company issued notice dated 16.8.2003 revoking the licence and directed him to deliver vacant possession of the quarters within four weeks from 1.10.2003. While so, the appellant filed a PG case before the Assistant Commissioner of Labour claiming an amount of Rs. 71,747/- as gratuity due to him. The Assistant Commissioner of Labour, while rejecting the case of the employer by order dated 17.2.2005, directed that the appellant, should be paid gratuity amount along with interest at the rate of 10% per annum on the basis of which, the Tahsildar issued recovery notice claiming recovery of Rs. 71,747/-. The said orders were impugned in the Writ Petition.

(3.) The learned single Judge, after hearing both sides and placing reliance upon various decisions of the Hon'ble Supreme Court and the High Courts, rejected the case of the employer and confirmed the order of the Assistant Commissioner or Labour with regard to payment of gratuity. The learned Judge also directed the appellant to Vacate the residential quarters and hand over the same to the Company within a period of four months from the date of receipt, of a copy of the order. It was further observed that it is for the Assistant commissioner of Labour to release the balance or amount or gratuity deposited by the employer to the appellant on his vacating the quarters. As against the said observation, the employee has preferred the present Writ Appeal.