TAPAN CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India wherein the petitioner is aggrieved by an order dated September 11, 2018 passed by the Appellate Authority under the Payment of Gratuity Act , 1972 (hereinafter referred to as "the Act"). The grievance of the writ petitioner is that he has not been paid the admissible amount of Rs.10 lakhs payable as gratuity due to him as per the "Statement of Normal Separation Persons for the month of Oct- 2016" issued to him by his employer.

(2.) The chronological facts leading to this writ petition are as follows:-

(3.) The counsel for the petitioner, Mr. Arnab Ray submitted that the SAIL has an instrument known as the SAIL Gratuity Rules, with regard to matters of gratuity of the employees. Clause 3.2.1 (c) of the SAIL Gratuity Rules [hereinafter referred to as "the Rules"] provides that SAIL has the right to withhold the gratuity amount payable to an ex- employee for, inter-alia, non-vacation of its accommodation and no interest shall be payable on the gratuity so withheld for the period of "unauthorized occupation" of the said accommodation and up to one month after vacation thereof. However, no beneficial provisions have been opted for by the petitioner from the Rules.