AMAR KUMAR HALDAR Vs. SARASWATI PRESS LIMITED

JUDGEMENT

(1.) The petitioner in this WP under art. 226 of the Constitution of India dated August 11, 2008 is questioning an order of the "Appellate Authority under the Payment of Gratuity Act, 1972, Barrackpore, North 24-Parganas" dated January 9, 2008. The petitioner was working in Saraswaty Press Limited, a Government of West Bengal Enterprise, and was posted to its Accounts Finance-I department. He was nominated to the canteen managing committee in which he discharged the functions of the treasurer. He could not account for Rs. 2,76,832. On reaching the age of superannuation he retired on February 1, 2003.

(2.) By a letter dated February 5, 2003 his employer asked the petitioner to explain the situation and what he would do. By a letter dated February 11, 2003 the petitioner requested his employer to recover the amount from the amounts payable to him. His employer wrote a letter dated March 19, 2003 giving the recovery breakdown that included the payable gratuity amount. On March 31, 2003 he gave his unconditional written consent to the proposed recovery.

(3.) Thereafter the petitioner gave a lawyer's notice dated May 19, 2003 asking his employer to pay him the gratuity amount. He did not say that the consent had been given under pressure or obtained by applying force. He gave another lawyer's notice dated June 6, 2003. In this also he did not say that the consent had been obtained by applying force or given under pressure.