PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT AND OTHERS

JUDGEMENT

(1.) In the above titled bunch of writ petitions (at Sr. No. 1 to 17) filed by Punjab State Civil Supplies Corporation Limited (for short, "the petitioner-Corporation") and two writ petitions bearing CWP Nos. CWP No.7164-2016 and CWP No.8054-2016 (Sr. No. 18 and 19) filed by the retired employees under Articles 226/227 of the Constitution of India, the moot question involved is - Whether a retiree is entitled to the payment of gratuity, if he had caused any pecuniary loss to the employer and some disciplinary proceedings were initiated against him before the date of his retirement? Therefore, with the consent of the parties, all these writ petitions have been taken up together and are being disposed of by this common order. For facility of reference, facts are being taken from CWP No.7280 of 2016, Punjab State Civil Supplies Corporation Ltd. Vs. The Appellate Authority under Payment of Gratuity Act and others.

(2.) Punsup - petitioner-Corporation has challenged the order dated 23.10.2015 (Annexure P/3) and order dated 23.04.2014 (Annexure P/2) passed by Appellate Authority (respondent No.1) and Controlling Authority (Respondent No.2) under the Payment of Gratuity Act, 1972 (for short, " the Gratuity Act") on the ground that the same are illegal, violative of provisions of Punjab Civil Services Rules which govern the employees of petitioner-Corporation.

(3.) As per the petitioner, the employees of the petitionerCorporation are governed by Punjab Civil Services Rules which are adopted for governing the terms and conditions of services of its employees. Respondent No.3, Nachhatar Singh was working as Inspector Grade II with the petitioner-Corporation and he retired on 31.1.2011. He had embezzled huge amount of the petitioner-Corporation for which various charge-sheets were issued to him and recovery proceedings to the tune of Rs.11,80,270/- and Rs. 5,72,544/- were initiated against him, which are pending adjudication.