CUTTACK CENTRAL COOPERATIVE BANK LTD. Vs. CONTROLLING AUTHORITY-CUM- UNDER THE PSAYMENT OF GRATUITY ACT-CUM-ASST. LABOUR COMMISSIONER AND ORS.

JUDGEMENT

(1.) None appeared on behalf of the petitioner. Learned counsel for the opposite party No. 2-workman is present. In this writ petition order dated 1.2.2012 in P.G.Case No.18 of 2009 passed by the learned Controlling Authority under Payment of Gratuity Act-cum-Assistant Labour Commissioner, Cuttack is under challenge by which it has been ordered to the opposite party to pay gratuity amount of Rs.2,00,836.00 to the applicant i.e. workman along with interest at the rate of 10% per annum from the date of termination of his service, that is, 31.5.2006 till the date of actual payment.

(2.) Case of the petitioner-Bank is that the opposite party No.2-workman was ex-employee of the Cuttack Central Co-operative Bank Limited, while he was in service he has taken house building loan on the condition to deduct installment of the loan from the pay bill till full and final liquidation of the loan and further undertaken to deduct loan outstanding from the retirement benefit like gratuity, leave salary and security deposit and the like amount at the time of superannuation. The petitioner-Bank has written letter to the opposite party No.2-workman before his superannuation for adjustment of loan of Rs.70,000/- from his retiral benefit and accordingly petitioner-Bank has deducted loan installments from the petitioner retiral benefit and after making deduction retiral dues has been released in favour of opposite party No.2-workman.

(3.) Case of the opposite party No.2-workman is that after superannuation he made an application for release of entire retiral benefit including the entire amount of gratuity but when entire amount of gratuity is not released he raised a dispute before the learned Controlling Authority to adjudicate the issue under Payment of Gratuity Act. Learned Controlling Authority by well conscious judgment has passed order holding therein that there cannot be any recovery from the amount from the gratuity of an employee.