BHARAT COKING COAL LTD Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) This appeal is directed against the order dated December 13, 2001, passed by the learned single Judge in W.P. (C) No. 5957 of 2001. Sri Jaswant Singh Gill, the respondent No. 3 was posted as the Chief General Manager, Lodna area of Bharat Coking Coal Limited. On the basis of the charge-sheet dated February 24, 1997, relating to coal stock shortage, a departmental proceeding was initiated against him, wherein enquiry report was submitted on August 18, 1999 showing the charge to have been proved. In the meantime on April 30, 1998, the respondent No. 3 retired from service. However, in terms of Rule 34.2 of the Conduct, Discipline and Appeal Rules, 1978 (hereinafter to be referred to as 'the Rules'), applicable to the executives of the Coal India Limited, the enquiry on the aforesaid charge was continued, even after his retirement and on the basis of the said enquiry report, in terms of Rule 27. l(i)(d) he was punished on July 5, 2000 and the amount of gratuity payable to him was forfeited.

(2.) On January 4, 2000, the respondent No. 3 filed an application in Form 'N' before the Assistant Labour Commissioner (C), Dhanbad-I-cum-Controlling Authority, under the Payment of Gratuity Act, 1972 (hereinafter to be referred to as 'the Act'), the respondent No. 2, for payment of gratuity amounting to Rs. 2,79,620.70 and interest thereon, which was registered as P.G. Application No. 36(4), of 2000. The appellant filed show cause in the said proceeding on April 6, 2001 making reference of the punishment awarded to the respondent No. 3 on July 5, 2000.

(3.) By order dated April 11, 2001 (Annexure-4), the controlling authority under the Act directed the appellant to pay to the respondent No. 3 the gratuity amount of Rs. 3,09,771.00 including interest. The appellant filed appeal before the appellate authority, the respondent No. 1 which was dismissed by order dated October 11, 2001 (Annexure-6). The appellant deposited Rs. 3,09,771.00 under the second proviso to Section 7(7) of the Act, by cheque dated May 5, 2001 in the name of the respondent No. 2.