AMIR GUL Vs. MOHSIN KHAN

JUDGEMENT

(1.) The petitioners have filed the present writ petition under Art. 227 of the Constitution of India challenging the impugned order dated 06/12/2016 passed by the appellate authority under the Payment of Gratuity Act, 1972.

(2.) Deceased -Shahjad Gul was working on the post of Driver in Ghorawari Colliery of Western Coalfields Limited in Kanhan Area. He died on 24/01/2014 while he was in service. Deceased-Shahjad Gul was unmarried and died intestate. The petitioners and respondents No.3 to 6 are the brothers and sisters of the deceased whereas respondent No.1-Mohsin Khan is the nephew of the deceased. As the deceased- Shahjad Gul was in the service of Western Coalfields Limited, he was entitled for certain retiral benefits and in the event of his death during employment, his family members were entitled for the same. However, after death of the deceased-Shahjad Gul, the amount payable to him under the service rules was not paid to any one. When the petitioners and other brothers, sisters contacted the office of the Western Coalfields Limited for settlement of retiral dues, they were advised by the authorities of the Western Coalfields Limited to obtain succession certificate from the competent Court of law. Accordingly, the petitioners and other brothers and sisters filed an application before the Court of 1st Civil Judge Class- I, Chhindwara praying to issue succession certificate in their favour . In the meanwhile, the company deposited an amount of Rs.6,60,772.00 towards the gratuity payable to the deceased - Shahjad Gul before the Controlling Authority under the Payment of Gratuity Act and Assistant Labour Commissioner (Central), Chhindwara. During pendency of the succession case before the Civil Court, respondent No.1 filed an application before the Controlling Authority under Payment of Gratuity Act and Assistant Labour Commissioner (Central), Chhindwara claiming that since deceased had filled and produced the nomination form in the department mentioning him as sole nominee of the amount of gratuity, he is entitled for the gratuity amount, therefore, the said amount be disbursed to him.

(3.) The Controlling Authority heard the case and passed the order dated 30/05/2016 and stayed the proceeding till decision of the cases pending in the various Courts. Aggrieved by the order passed by the Controlling Authority, respondent No.1 filed an appeal before the appellate authority. The appellate authority passed an order dated 06/12/2016 thereby allowed the appeal preferred by respondent No.1 and set aside the order passed by the Controlling Authority holding that as the deceased has nominated respondent No.1 as his nominee to receive the gratuity amount, therefore, the gratuity amount be disbursed to him. Being aggrieved by that order, the petitioners have filed the present writ petition.