JAWALA STON CRUSHER Vs. SWARAN SINGH

JUDGEMENT

(1.) A challenge has been laid by the petitioner to the appellate order passed by the Joint Labour commissioner-cum-Appellate Authority under the Payment of Gratuity Act, 1972 on August 29, 2006.

(2.) THE brief facts necessary for the adjudication of this petition are that the respondent No. 1 (hereinafter referred to as the workman for convenient sake) had submitted his gratuity claim in the prescribed pro forma on october 14, 2003. He had primarily contended in his claim that he had worked as driver with the employer with effect from April 18, 1993 to july 9, 2003, but he has not been paid the gratuity. The Labour Officer-cum-Controlling authority had framed the following issues: -

(3.) ISSUES No. 1 and 2 were decided in favour of the workman. Similarly, issues No. 3 and 4 were decided in the affirmative, that too in favour of the workman. The Labour officer-cum-Controlling Authority vide order dated November 7, 2004 held that the workman was entitled to be paid by the petitioner a sum of rs. 16,650/- on or before August 18,2003 and thereafter the workman was held entitled to interest at the rate of 5% per annum on the principal amount of Rs. 16,650/- with effect from October 10, 2003 till the payment was made. The petitioner, i. e. the employer preferred an appeal against the order dated march 23, 2005 before the Joint Labour commissioner-cum-Appellate Authority under sub-section (7) of Section 7 of the Payment of gratuity Act, 1972 (hereinafter referred to as the Act ). The appeal was dismissed by the Joint labour Commissioner-cum-Appellate authority on August 29, 2006. The appellate authority besides upholding the order dated march 23, 2005 passed by the Controlling authority also granted interest at the rate of 10% per annum with effect from August 10, 2003 under sub-section (3) (a) of Section 7 of the Act. Consequently, the employer was directed to make the payment of Rs. 18,915/- to the workman.