THE MANAGEMENT, CENTRAL CO-OPERATIVE BANK LTD. Vs. THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (JOINT COMMISSIONER OF LABOUR) AND ORS.

JUDGEMENT

(1.) Challenging the order dated 21.07.2013 passed by the 1st Respondent in P.G.A.No.171 of 2011, the Petitioner/Management has come up with the present Writ Petition.

(2.) According to the Petitioner/Management, the 3rd Respondent, who was working as a Secretary in their Society from 01.11.1981, was suspended from service on 22.02.2006. Charge Memo was issued to him on 12.04.2006 and domestic enquiry was conducted. Though the 3rd Respondent was not allowed to retire from service pending disciplinary proceedings, by an order of this Court dated 18.09.2007 passed in W.P.No.12221 of 2006, he was held to be dismissed from service.

(3.) It is seen that the Petition filed by the 3rd Respondent/employee before the 2nd Respondent herein in P.G.No.23 of 2009 seeking payment of gratuity of Rs.1,05,288/-, was dismissed by an order dated 16.03.2011. Challenging the said order, the 3rd Respondent filed an Appeal in P.G.A.No.171 of 2011 before the 1st Respondent, who, by an order dated 21.07.2013, allowed the same, by directing the Petitioner/Management to pay a sum of Rs.1,09,500/- to the 3rd Respondent within 30 days from the date of receipt of a copy of the order.