BHARAT COKING COAL LIMITED Vs. VIJAY PRASAD SINGH

JUDGEMENT

(1.) Seeking quashing of order dated 21/24.08.2012 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 and seeking quashing of order dated 15/17.01.2013 passed by the Regional Labour Commissioner (Central), Dhanbad-cum-Appellate Authority under the Payment of Gratuity Act, 1972, the petitioner- M/s. Bharat Coking Coal Limited has preferred the present writ petition.

(2.) The brief facts of the case are that, a case vide RC 4(A)/2009(D)(Vig/CBI/04/2009) was registered by CBI against the respondent- employee and sanction for prosecution was granted by the Chairman, Coal India Limited. The respondent, in the mean-time attained the age of superannuation on 31.07.2011. The petitioner- M/s. Bharat Coking Coal Limited however, deposited the gratuity amount of Rs. 10 Lacs vide Cheque dated 10.08.2011 with the Controlling Authority under the Payment of Gratuity Act, 1972 with a request not to disburse the amount till finalisation of the proceeding, which was initiated against the respondent-employee while he was in service. The respondent-employee submitted an application on 24.05.2011 in Form N for release of gratuity amount, before the Controlling Authority, which was registered as P.G. Case No. 36(98)/2011-E-4. The petitioner submitted written statement on 22.11.2011 taking a plea that in view of Rules 34.2 and 34.3 of the Conduct, Discipline and Appeal Rules, 1978, the amount of gratuity be withheld till the disposal of the criminal/departmental proceeding. The respondent examined himself and admitted the pendency of the criminal case and the departmental proceeding. However, the Controlling Authority vide order dated 21/24.08.2012 held that in view of Section 4(6) of the Payment of Gratuity Act, 1972, the amount of Gratuity cannot be withheld merely on account of pendency of the criminal case and directed the respondent-employee to apply in the prescribed pro forma for payment of the gratuity amount. An appeal being P.G. Appeal No. 57/2012 was preferred by the respondent-employee. Vide order dated 19.10.2012 Appellate Authority upheld the findings recorded by the Controlling Authority.

(3.) Heard learned counsel appearing for the petitioner.