MADAN MOHAN LAIK Vs. COAL INDIA LTD

JUDGEMENT

(1.) In this writ application the petitioner has, inter alia, prayed for a writ in the nature of Mandamus commanding the respondents to release the cheque for the gratuity amount of the petitioner along with the payment of encashment of earned leave which is due to the petitioner.

(2.) The petitioner stated that he was an employee of New Kenda Colliery and had been working as Typist under the Eastern Coal Fields Ltd., a subsidiary of Coal India Ltd. The petitioner was appointed on May 11, 1953 in the said colliery. The petitioner stated that in the said colliery he had worked as P. A., U/Man No. 62310 though he was designated as Typist. The petitioner was served with a notice of superannuation dated February 12, 1990 by which he was asked to retire from service on and from July 1, 1990. The petitioner stated that being aggrieved by and dissatisfied with the said superannuation notice, he moved an application under Article 226 of the Constitution before this Hon'ble High Court and the said writ application was disposed of on April 24, 1990 by M.R. Mullick, J., after hearing the parties, directing the respondents to refer the matter to the apex Medical Board for determination of the actual age of the petitioner and accordingly the respondent company referred the matter to the apex Medical Board and the Board determined the petitioner's age as 57 years as on May 25, 1990. Therefore, the writ petitioner retired from the service of the company on May 25, 1993.

(3.) The writ petitioner states that he was advised to submit the application for payment of gratuity in Form I as prescribed in the Payment of Gratuity Rules under the Payment of Gratuity Act, 1972 and the petitioner, after retirement, submitted the said application on June 18, 1993 in Form I for payment of gratuity. The petitioner stated that, he also submitted a Clearance Certificate on December 27, 1993 for releasing Gratuity Bill.