JAG JEEVAN PRASAD GUPTA Vs. LABOUR COURT GORAKHPUR

JUDGEMENT

(1.) RAJESH Kumar, J. By means of the present writ petition, petitioner is challenging the order dated 3-11-1998 passed by the Presiding Officer, Labour Court, U. P. Gorakhpur in Misc. Case Nos. 42 of 1991 and 45 of 1992.

(2.) THE petitioner was working as a Boiler Attendant in the respondent establishment and was due to retire in the month of October 1987, but was allowed to continue in service up to April, 1989 by way of extension. However, he was asked to leave on 30-4-1989. Admittedly, he was occupying a residential quarter provided by the respondent. By means of two applications, petitioner claimed salary for the period of May, 1989 to December, 1991 on the ground that he was not paid gratuity on the date of retirement which was due and thus, in view of Clause-11 of the Standing Order, his services was deemed to be continued and was entitled for full wages and all fringed benefits. Both the applications have been rejected by the impugned order on the ground that the petitioner could not vacate the quarter and has obtained Clearance Slip on 4-1-1991 and also moved application on 17-9-1991 for payment of gratuity, in which, it was also submitted that the quarter has been vacated.

(3.) HAVING heard learned Counsel for the parties and have perused the impugned order and the other documents filed alongwith the writ petition and Counter-affidavit.