(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality.
(2.) Petitioner has approached this Court with a prayer for quashing the order dtd. 29/5/2002, passed by respondent No. 1, in P.G Appeal No. 112 of 2001, whereby it has been observed that respondent No. 3 is entitled to receive Rs.3.50 lakhs as gratuity and Rs.1,38,930.00 as interest.
(3.) As per factual matrix, the respondent No. 3 was serving under petitioner-Company as General Manager of B&K Area. During his service period, a disciplinary proceeding was initiated against the respondent No. 3 and the same is still pending. The above disciplinary proceeding was initiated on the advice of Central Bureau of Investigation, Dhanbad. Subsequently, respondent No. 3 superannuated on 30/9/1997 and on 23/3/2001, the respondent No. 3 filed an application before the Controlling Authority for computation and payment of the gratuity amount. Thereafter, the learned Controlling Authority initiated a proceeding under Payment of Gratuity Act without condoning the delay in filing the application by the respondent No. 3. On 11/7/2001, the petitioner filed written statement before the Controlling Authority stating the aforesaid facts. Thereafter, on 20/8/2001, respondent No. 3 filed reply to the written statement and on 20/8/2001, petitioner also filed supplementary written statement. Thereafter, respondent No. 2, after hearing the parties and perusing the documents, by order dtd. 17/10/2001, held that respondent No. 3 is entitled to receive the gratuity amount of Rs.3.50 lakh along with interest for the period of delay @ 10% per annum. The petitioner, being aggrieved by the said order, preferred an appeal being PG. Appeal No. 112 of 2001 before the respondent No. 1, in which the respondent No. 3 appeared and filed his reply. Thereafter, respondent No. 1 vide its order dtd. 29/5/2002, uphold the order dt. 17/10/2001 and directed the petitioner to pay the respondent No. 3 gratuity amount of Rs.3.50 lakhs along with interest which comes to Rs.1,38,930.00.