SARDAR SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is seeking a declaration that his employer, Indian Iron & Steel Company Ltd. was not empowered and entitled to deduct the sum of Rs. 51,314 from his gratuity, He has prayed for a mandamus directing his employer to pay that amount with interest @ 10% per annum. He has also prayed for a mandamus directing his employer to pay allowance for travelling to his home after retirement.

(2.) At the time of retirement on June 30, 2003 he was working as senior Manager (Mining). A minor penalty disciplinary action was initiated against him by issuing charge-sheet dated June 23, 2003, He submitted his reply dated July 9, 2003. He denied the allegation that by showing favour to a party he had caused financial loss to his employer. By an order dated November 29, 2003, the disciplinary authority imposed the minor penalty "of reduction of pay by one stage in his last pay drawn for a period of one year without cumulative effect". He accepted it.

(3.) He was occupying quarters allotted to him by his employer. Though according to rules and regulations of the company he was entitled to keep the quarters for two months after his retirement, he continued to occupy it till November 6, 2004, when he gave possession thereof to the company. In the circumstances, gratuity payable to him was paid on October 5, 2005 after deducting Rs. 3,600 by way of recovery of excess payment in terms of the minor penalty order, Rs. 16,320 on account of unpaid electricity consumption charges, and Rs. 31,394 on account of house rent (normal and penal added together). Feeling aggrieved he took out this writ petition.