MANAGING DIRECTOR, HARYANA STATE FEDERATION Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) Petitioners have filed the instant Writ Petition under Articles 226/227 of the Constitution of India for issuance of a Writ in the nature of Certiorari for quashing the Order, dtd. 29/5/2012 (Annexure P3) passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short 'the Act, 1972') and also the Order, dtd. 16/8/2016 (Annexure P5) passed by the Appellate Authority under the Act, 1972.

(2.) Briefly, Respondent No.3-Workman (Azad Singh) filed an application under the Act, 1972 against the present Petitioners, seeking a direction to them to make the payment of gratuity amount of Rs.80,810.00 with interest @ 12% p.a. w.e.f. 5/11/2001 till realization. It was the case of Respondent No.3 that he had worked as a Salesman with the Haryana State Federation of Consumers Co-op. Wholesale Stores Limited (CONFED) from 13/8/1981 upto 5/11/2001, when his services were terminated. It was claimed that no amount of gratuity had been paid to him and his last drawn Salary was Rs.6670.00per month. Accordingly, he filed a Petition under the Act, 1972.

(3.) The aforesaid application was contested by the Petitioners herein, inter alia, on the plea that Respondent No.3 was charge-sheeted vide Letter, dtd. 14/5/1998 for remaining absent from his duties without leave and also that he had committed fraud/dis-honesty during performance of his duties and was accordingly dismissed from the services due to his illegal acts and conduct. It was submitted that since Respondent No.3 was dismissed vide Order, dtd. 5/11/2001; accordingly, he is not entitled for any gratuity amount. Another plea regarding maintainability of the application was also taken.