THE MANAGEMENT, RAMANATHAPURAM DISTRICT CENTRAL-COOPERATIVE BANK LTD. Vs. THE JOINT COMMISSIONER OF LABOUR MADURAI

JUDGEMENT

(1.) The prayer in this writ petition is for issuance of a Writ of Certiorari, to call for the records relating to the order passed by the 1st respondent in P.G.A. No.1/2010, dated 28.05.2010, confirming the order passed by the 2nd respondent in P.G.No.6/2006, dated 06.07.2009, and quash the same.

(2.) The short facts leading to filing of the writ petition is that the petitioner is a District Central Co-operative Bank of Ramanathapuram District, wherein, the 3rd respondent was working as a Circle Supervisor. During his service, as against the alleged irregularities said to have been committed by the 3rd respondent, four set of charges had been framed against the 3rd respondent including the charges dated 24.09.2000. The 3rd respondent superannuated on 30.06.2003. Since four set of charges framed against the 3rd respondent were pending for disciplinary enquiry, the petitioner by order dated 28.06.2003, permitted the 3rd respondent to retire from service on superannuation that is from 30.06.2003, with the condition that he is relieved from duties on superannuation without prejudice to the disciplinary proceedings pending against him and in view of the pendency of the disciplinary proceedings, the retirement and other financial benefits payable to the 3rd respondent shall be withheld and once decisions are taken in such pending disciplinary proceedings, correspondingly, decision would also be taken to disburse the said amount that is, retirement and pensionary benefits to the 3rd respondent.

(3.) Thereafter, the 3rd respondent since has been relieved from duty on superannuation as per the order of the petitioner as referred to above, had approached the 2nd respondent for payment of gratuity under the Payment of Gratuity Act, 1972. The 2nd respondent being the Controlling Authority under the said Act in P.G. No.6/06, had passed the final order on 06.07.2009, whereby, the 2nd respondent directed the petitioner bank to pay a sum of Rs. 3,19,201/- as gratuity to the 3rd respondent with 10% interest till the date of payment within 30 days.