WESTERN COALFIELDS LTD Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) The challenge in this petition is to the order dated 2222000 passed by the Controlling Authority under the Payment of Gratuity Act, 1972, setting aside the order passed by the petitioneremployer withholding the gratuity of Rs.25,000/ payable to the respondent No.3employee. This order was confirmed in appeal by the Appellate Authority by its order dated 25102000. Hence, the employer is before this Court.

(2.) The undisputed factual position is that the respondent No.3employee was chargesheeted on 10101995 for certain acts of misconduct. During the pendency of an enquiry, the respondent No.3employee retired from service on 31101997, on attaining the age of superannuation of 58 years. The penalty of Rs.25,000/ imposed upon him for the loss caused to the petitioneremployer, as a result of an enquiry, was deducted from the gratuity payable. Undisputedly, the order dated 331998 passed after his superannuation for recovery of the amount from the gratuity payable, was not challenged and it attained the finality.

(3.) The Controlling Authority has held that there is no provision for recovery of this amount on account of pecuniary loss caused to the petitioneremployer because of negligence on the part of the respondent No.3employee. It has further been held that the entire action of issuance of chargesheet and imposing punishment was illegal. This order is confirmed by the Appellate Authority.