GENERAL MANAGER, SINGARENI COLLIERIES CO. LTD. Vs. REGIONAL LABOUR COMMISSIONER (CENTRAL), HYDERABAD AND ORS.

JUDGEMENT

(1.) THIS writ petition is filed challenging the order dated 8.2.2002 passed in Application No. 37/2001, by the 1st respondent confirming the order dated 23.10.2000 passed by the Controlling Authority with regard to payment of Gratuity, wherein the Controlling Authority held that the 2nd respondent is entitled for payment of gratuity amount of Rs. 79,407.90/ - together with simple interest @ 10% p.a., for the period of delay in payment of gratuity i.e., for the period from 17.5.1999 to 23.10.2000 amounting to Rs. 11,249/ - and further interest till the date of actual payment of gratuity amount to the concerned. The case of the petitioner is that it is a Mining Industry engaged in Exploration, Excavation, Extraction and selling of coal in four districts of Andhra Pradesh, namely, Khammam, Warangal, Karimnagar and Adilabad. It employs nearly more than 1,00,000 workers/employees and executives in its day -to -day operations and that since the Mines are located in remote and inaccessible area and in order to keep the workers and officers satisfied, it has constructed residential quarters which were allotted as per the terms and conditions laid down in the allotment orders. One of the important conditions is that once an employee retires, he has to handover the quarter and the settlement of terminal benefits are consequent upon the same. Since several employees tend to overstay in the quarters beyond retirement period, a settlement was entered under Section 12(3) of the Industrial Disputes Act by the management and Union on 3.1.1999. As per the aforesaid terms and conditions the 2nd respondent was also allotted quarter. While so, the 2nd respondent left the company service on 16.5.1999. But, since the 2nd respondent has not vacated the quarter even after relieving from service, his gratuity amount was withheld by the petitioner. As such, the 2nd respondent filed an application before the Controlling Authority requesting for issue of direction for payment of his gratuity amount and the Controlling Authority after considering various judgments held as follows:

(2.) AGGRIEVED by the afore said order passed by the Controlling Authority, the petitioner herein preferred an appeal before the Appellate Authority in Application No. 37/2001 which was dismissed by the Appellate Authority on 8.2.2002, directing the appellant management to pay the simple interest @ 10% for the period from 24.10.2000 to 29.11.2001 which comes to Rs. 8,603/ - within 30 days from the date of receipt of the order under intimation to the Controlling Authority and Appellate Authority. Aggrieved by the same, present writ petition is filed stating that the delay in payment of gratuity is not on account of the petitioner, but it is only on account of the 2nd respondent who failed to vacate the quarter, as such, awarding of interest is erroneous and illegal.

(3.) THOUGH notice is served on the 2nd respondent, none appeared on his behalf.