WESTERN COAL FIELDS LIMITED Vs. THE PRESIDING OFFICER

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) The petitioner ­ Western Coal Fields Limited is disputing the right of respondent No.2 towards gratuity under the provisions of the Payment of Gratuity Act, 1972. The Controlling Authority (Assistant Labour Commissioner) and Appellate Authority (Deputy Chief Labour Commissioner) under the provisions of the said Act have concurrently repulsed the attempt on the part of the petitioner to deprive the respondent No.2 of the amount of gratuity payable under the provisions of the said Act. It has been held concurrently that the respondent No.2 is entitled to payment of gratuity on the basis of service of 22 years 6 months and 8 days put in by the respondent No.2 with the petitioner. The said authorities have concurrently rejected the contention of the petitioner that it was entitled to forfeit gratuity payable to the respondent No.2 under Section 4(6)(b)(ii) of the said Act.

(3.) The respondent No.2 joined service with the petitioner in the year 1990 and he was regularized in general Mazdoor category ­ I on 01/01/1992. On 21/4/2002, when the respondent No.2 was working on the post of Fitter (Auto) Category IV, a complaint was received at the headquarters of the petitioner, stating that while the actual date of birth of the respondent No.2 was 01/07/1953, he had entered service by falsely claiming his date of birth as 01/07/1960. On this basis, chargesheet was issued against the respondent No.2 on 07/09/2012, for giving false information on his date of birth by reducing his age for the purpose of employment. Pursuant to the said enquiry, report dated 05/02/2013 was submitted and on the basis of findings in the enquiry report, the respondent No.2 was dismissed from service on 28/3/2013.