SRI KARANPUR KRAY VIKRAY SAHKARI SAMITI THROUGH ITS AUTHORISED OFFICER SATENDRA SINGH S/O SH. PANNA SINGH, 156 A BLOCK NO. 20, SRIKARANPUR, DISTRICT Vs. THE APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 RAJASTHAN, JAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Society aggrieved against the order dated 23/9/2016 passed by the appellate authority under the Payment of Gratuity Act, 1972 ('The Gratuity Act'), whereby, the appeal filed by the appellant against the order dated 29/10/2015 passed by the Controlling Authority, Sriganganagar has been rejected.

(2.) The respondent no.3 was appointed as Manager of the petitioner Society and retired from the post of Factory Manager on 30/9/2009. During the period the respondent no.3 was in service, an inquiry was conducted under Sec. 55 of the Rajasthan Co-operative Societies Act, 2001 ('the Societies Act') and a report was given on 26/11/2009, wherein, the Deputy Registrar held the respondent no.3 responsible for causing loss to the Society. Proceedings were initiated under Sec. 57 of the Societies Act for taking disciplinary proceedings against the respondent no.3, however, the Joint Registrar, Cooperative Societies ordered to drop the proceedings by his order dated 31/8/2001.

(3.) Aggrieved against the order dated 31/8/2001, the petitioner Society preferred a revision petition before the Addl. Registrar (Appeal), Jodhpur, which revision petition was also dismissed on 28/1/2011. Against the order dated 28/1/2011, the appeal preferred by the petitioner before the Cooperative Tribunal, Jaipur is pending consideration. In the meanwhile, the petitioner Society passed a resolution dated 1/4/2010 that until final order was passed regarding the recovery of amount against the respondent no.3, the payment of retiral benefits to respondent no.3 be withheld. The respondent no.3 filed an application before the Controlling Authority under the Gratuity Act for release of his gratuity with interest @ 18%, notices were issued to the petitioner Society, the petitioner Society appeared before the authority and claimed that the proceedings were not maintainable and that the recovery against the respondent no.3 was still pending. However, the Controlling Authority by its order dated 29/10/2015 allowed the application of respondent no.3 and ordered for deposit of a sum of Rs.4,97,000.00 and interest within a period of 30 days and against the order dated 29/10/2015 when the petitioner Society approached the appellate authority, the appellate authority with reference to Sec. 4(6)(b) of the Gratuity Act came to the conclusion that the action of the petitioner Society was not covered under any provision, whereby, the gratuity payment to an employee could be wholly or partially forfeited and consequently dismissed the appeal.