AIR INDIA LTD Vs. DHARMAN K. PATIL

JUDGEMENT

(1.) The Controlling Authority under Payment of Gratuity Act, 1972 (for short "the Act ") by an order dated 11/1/2019 allowed the application as filed by the respondent directing the petitioner to make payment of gratuity to the respondent of an amount of Rs. 4,72,845.00. Such order passed by the Controlling Authority was assailed by the petitioner before the Appellate Authority, who by the impugned order dated 29/4/2021 in dismissing the petitioner 's appeal, has confirmed the Controlling Authority 's order.

(2.) The respondent was in the employment of the petitioner. He joined the petitioner 's establishment on 24 November, 1983. On 29 November, 2012 which is after 29 years of service, the respondent was issued a charge-sheet by the petitioner under Clause 19(2) (xxii) of the Certified Standing Orders, alleging that respondent no. 1 at the time of seeking employment had willfully furnished false information on his age. It was alleged that respondent no. 1 's actual date of birth was 1 January, 1950, however, he had submitted documents depicting his date of birth to be 1 January, 1956. On such charges, an enquiry was conducted which resulted in the disciplinary authority passing an order dated 26 June, 2013 against the respondent interalia of dismissal. By such order, the amount of gratuity payable to the respondent was also directed to be forfeited. To seek approval of the respondent 's dismissal, the petitioner has already approached the Central Government Industrial Tribunal (CGIT) under Sec. 332B of the Industrial Disputes Act, 1947.

(3.) The respondent aggrieved by the gratuity being forfeited under the dismissal order, approached the Controlling Authority under Payment of Gratuity Act, 1972, by filing an application dated 23 May, 2014 which was filed in Form-N, as per the provisions of Rule 10(1) of the Payment of Gratuity Central Rules. The respondent prayed for directions to be issued to the petitioner for payment of the gratuity as per the provisions of the Act amounting to Rs.4,72,845.15.