SHANKAR DADOBA NAIK Vs. MAHARASHTRA STATE ROAD TRANSPORT

JUDGEMENT

(1.) Heard.

(2.) The petitioner is an employee of the respondent State Road Transport Corporation questioning the order dated 16/12/2011 passed in exercise of powers under Section 4(6)(b) of The Payment of Gratuity Act, 1972 (Hereinafter referred to as 'the Act' for sake of brevity) thereby forfeiting gratuity of the petitioner. The facts necessary for deciding the petition are as under:

(3.) The submissions of the learned counsel for the petitioner are, though the petitioner was served with a final show cause notice proposing his dismissal dated 07/07/2003, the said show cause notice was not taken to its logical end in view of statusquo order passed by this Court in Writ Petition No. 9903 of 2010 thereby terminating his services. According to him, petitioner since has superannuated on 31/12/2011 and his services were not terminated, he was entitled for gratuity pursuant to the Act.