HOOGHLY MILLS COMPANY LTD Vs. SACHIN KUNDU

JUDGEMENT

(1.) THIS appeal isby the Chief Executive (Works), The Hooghly Mills Co. Ltd., the employer of the complainant against the judgment and order of the Forumbelow thereby directing payment of the gratuity amount as claimed by the complainant to him with interest as also a sum of Rs. 10,000 by way of compensation and Rs. 1,000 as costs.

(2.) THE short but most important question involved in this appeal is whether under the provisions of the Consumer Protection Act a Consumer Redressal Forum has the jurisdiction to decide the question as to the entitlement and/or payment of the gratuity amount by the employer to the employee.

(3.) THE sole Respondent herein as being an Ex -employee of the appellant, who retired on 27.11.2007 filed a complaint case before the Forum below by contending that he joined in the service on 15.6.1970 as a casual/Badli labourer and was made permanent subsequently and worked as a permanent employee till the date of his resignation on 27.11.2007. As per provisions of the Payment of Gratuity Act, 1972 and the Rules framed thereunder it is the duty of the employer to pay gratuity to his employees and non -payment of the same would attract a simple interest @ 10% per annum on the amount of gratuity payable. He accordingly claimed in a complaint case before the Forum below that he is entitled to the gratuity amount of Rs. 1,09,626 but the appellant/employer has not provided him a single farthing on such account in spite of several requests.