GENERAL MANAGER Vs. DEENDAYAL GAUD

JUDGEMENT

(1.) THE employer has decided to test the order dated 12.1.2007 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (Gratuity Act) and the appellate order dated 12.5.2009 (Annexure P-1) in this petition filed under Article 227 of the Constitution of India.

(2.) THE respondent-employee retired on attaining the age of superannuation on 31.12.2000. when gratuity was not paid to him, he preferred application before the Controlling Authority under the Gratuities Act and in case No. 28/03 the said authority passed an order dated 12.1.2007. By applying the statutory formula to determine the gratuity, the said authority came to the conclusion that the employer is responsible to pay Rs.1,86,840.00 as gratuity amount to the employee. Interestingly, this amount so arrived at by the Controlling authority matches with the amount of gratuity quantified by the employer by communication dated 22.5.2003 (Annexure P-4). The case of the petitioner-employer is that from the gratuity amount so quantified as Rs.1,86,840.00, it was found that the employee is2 liable to pay the following amount:- <FRM>JUDGEMENT_1275_TLMPH0_2012HTML5.htm</FRM> Thus, it was directed that the aforesaid amount be deducted from the gratuity and remaining be paid to the employee.

(3.) HE relied on the judgment of Punjab and Haryana High Court reported in (2008) 2 LLJ 841 (Punjab and Sind Bank Vs. Labour Commissioner and others) and submits that as per this judgment, the loan and tax etc. can very well be deducted from the gratuity.