RAJ KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the order, dtd. 17/1/2015, passed by the Deputy Labour Commissioner -cum- Controlling Authority, Muzaffarpur, in Case No. G.A. 06/2008, whereby the petitioner has been directed to deposit the gratuity amount of Rs.41,538.00 along with interest within thirty days. It is further prayer of the petitioner for quashing the appellate order, dtd. 23/1/2018/5/2/2018, passed in Appeal No. 03 of 2017 by the Labour Commissioner -cum- Appellate Authority. It is further prayed for quashing of the entire certificate proceeding initiated vide Certificate Case No. 211/2015-16, including the Distress Warrant, dtd. 13/6/2018/17/7/2018, issued against the petitioner.

(2.) The brief facts, as per the case of the petitioner, is that the petitioner was running a hotel business under the name of "Purana Bhagirath Hotel ", located at Court Compound, Muzaffarpur, on Stall No. 3. The said hotel, due to operational losses and financial instability, was closed on 26/7/2008. After closure of the hotel, respondent no. 5, Shri Akhilesh Mandal, claiming to be an employee, filed an application on 6/9/2008 under the Payment of Gratuity Act, 1972, (hereinafter referred to as the 'Gratuity Act ') before the Controlling Authority, Muzaffarpur, seeking relief for determining the amount of gratuity and payment of the same to him. The petitioner appeared and filed a detailed show-cause on 12/11/2008, asserting that respondent no. 5 was never a continuous employee and had not rendered five years of uninterrupted service as required under Sec. 4 of the Gratuity Act to qualify for gratuity.

(3.) The Deputy Labour Commissioner -cum- Controlling Authority passed an order on 17/1/2015 directing the petitioner to deposit Rs.41,538.00 along with interest towards gratuity, failing which recovery through certificate proceeding was directed.