SAHDEO TURI Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) Heard the learned counsel for the parties. This writ application has been filed for quashing the order dated 7/12.1.2011 passed by the Regional Labour Commissioner (Central), Dhanbad (Annexure-3) and also the order dated 28.6.2010 passed bv the Asstt. Labour Commissioner (Central), Hazaribagh (Annexure-2) as also for issuance of direction for payment of gratuity with interest to the petitioner from the date when gratuity has become payable.

(2.) It is stated that the father of the petitioner late Raghu Turi was an ex-employee (Category-1) of Karo-1 and Kalyani Project of M/s. C.C. Ltd. The father of the petitioner was appointed in C.C.L. on 17.10.1971 and dismissed from service on 15.7.1988. Thereafter, his father was again reinstated in the company on 2.11.1992 and he continued his service till his death i.e. 12.9.2001. His reinstatement in service was treated as fresh service. However, the gratuity for the period of service rendered earlier was not given. The management of C.C.L. paid the gratuity amount to the petitioner for the period from 2.11.1992 to 12.9.2001 against the continuous service of 8 years and 10 months but had not paid gratuity for the period from 17.10.1971 to 17.5.1988.

(3.) It is further stated that thereafter the petitioner tiled an application Case No. 36(137)/2003 before Asstt. Labour Commissioner (Central) for the payment of gratuity. Assistant Labour Commissioner by impugned order dated 28.6.2010 had decided in favour of the petitioner and accordingly Rs. 64,133/- was calculated as payable gratuity to the petitioner for the period from 17.10.1971 to 17.5.1988.