POLLACHI SARVODAYA SANGH Vs. ASSISTANT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) The order dated 14.11.2003 in PGA No.352 of 2002 is sought to be quashed.

(2.) The learned counsel for the writ petitioner contended that the first respondent, The Assistant Commissioner of Labour, had not furnished the facts and circumstances as well as the documents produced by the writ petitioner. The third respondent employee is not entitled to receive any gratuity, as the resignation of the third respondent was accepted on condition that he will not claim the gratuity amount, as an allegation of misappropriation to the tune of Rs.2.73 lakhs was pending against the third respondent. It is further contended that the third respondent committed misappropriation of funds of the writ petitioner Sangh and the disciplinary proceedings were also initiated. At that point of time, the management provided an option to the third respondent that in the event of foregoing the gratuity amount, the resignation of the third respondent would be accepted. In fact, the offer itself was made by the third respondent and the Management was willing to consider the same.

(3.) The learned counsel for the writ petitioner states that the offer made by the third respondent was considered and accordingly he was relieved from service. However, these factors were not taken into consideration by the first respondent authority.