DIRECTOR (PERSONNEL), BCCL Vs. REGIONAL LABOUR COMMISSIONER, DHANBAD

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioner namely, M/s B.C.C. Ltd. has challenged the order dated 13.4.2000 passed by Regional Labour Commissioner, (Central), Dhanbad and the Appellate Authority under the Payment of Gratuity Act. 1972. The short question falls for consideration is as to whether with -holding of payment of Gratuity on the ground of employee not vacating quarter after superannuation is justified.

(3.) MR . A.K. Mehta. learned counsel for the petitioner put heavy reliance on the decision of the Supreme Court in the case of "Union of India v. K. Balakrishna Nambiar" (1998) Lab IC -2993) and submitted that if the employee fails to vacate the quarter after superannuation then no interest on Gratuity amount is payable. Mr. Mehta however, has not disputed the provisions of law that the gratuity amount is payable within 30 days from the date of superannuation and it can not be with -held on any ground or subject to fulfillment of any condition.