THE MANAGER. WESTERN COALFIELDS LTD. Vs. PRAYAG MODI

JUDGEMENT

(1.) This petition takes exception to the order dated 21.07.2016 whereby the controlling authority under the Payment of Gratuity Act , 1972 directed the employer to release the amount of gratuity with interest. The appellate order dated 26.10.2016 is also called in question whereby appeal of the employer is dismissed.

(2.) Briefly stated, the case of the employer is that the respondent/workman was served with a charge-sheet. The same was followed by departmental inquiry. In the inquiry report (Annexure P/4), the employee was held guilty of theft, fraud and dishonesty and accordingly the department wanted to dismiss him from service. Since an industrial dispute raised by the workman was pending before the Industrial Tribunal, the employer filed an application under section 33(2) (b) of the I.D. Act seeking permission of the tribunal to terminate him from service. The tribunal by order dated 10.05.2013 (Annexure P/6) granted approval of termination of service of the workman. Accordingly, the workman was dismissed from service. The workman, aggrieved by order of the tribunal assailed it in W.P.No.20823/13. His writ petition was dismissed on 6.12.2013. He unsuccessfully assailed the order of the writ court in W.A.No.361/14. The writ appeal was also dismissed on 14.07.2015.

(3.) Shri A.Kherdikar, learned counsel for the petitioner submits that the workman who has been dismissed from service for serious misconduct is not entitled to enjoy the benefit of gratuity. Reliance is placed on the order of Nagpur Bench of the High Court of Bombay passed in W.P.No.4281/2011 (Western Coalfields Ltd Vs. Ramjanam Yadav) decided on 18.10.2013. It is submitted that a review application filed by the workman therein was dismissed by the High Court on 25.3.2015 (Annexure P/10) and these two orders were unsuccessfully challenged in SLP(c) No.24075-24076/2016. The SLP was dismissed on 05.07.2016 (Annexure P/11).