RAM CHANDRA PRASAD Vs. BHARAT COKING COAL LTD. : ASSISTANT LABOUR COMMISSIONER (CENTRAL) CUM-CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 : REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) HEARD Shri Kumar Nilesh, learned counsel for the petitioner and Shri Ananda Sen, learned counsel for the respondent BCCL.

(2.) THE petitioner in this writ application, has prayed for an order quashing the judgment/findings contained in the order dated. 4.4.2005, passed by the Controlling Authority, namely, the respondent no. 2 in P.G. Case No. 36/(47)/2003 -E -3 and also for quashing the judgment / findings contained in the order dated 28.11.2005 passed by the Appellate Authority namely, the respondent no. 3 in P.G. Appeal No. 29 of 2005 and P.G. Appeal No. 21 of 2005. A further prayer has been made for a direction upon the respondents to pay the petitioner the amount of gratuity by adding the period of his past service rendered under the Coal Mines Labour Organisation (C.M.L.W.O), prior to his joining the services under the respondent BCCL.

(3.) WHEN the demand was not conceded by the respondent BCCL, the petitioner preferred an application under the Payment of Gratuity Act before the Controlling Authority. The respondent BCCL contested the prayer of the petitioner. Upon evidences being adduced before it, the Competent Authority by its impugned order (Annexure -1), declared that the petitioner was entitled to gratuity amount of Rs. 87,396/ - only by computing the period of service which he had rendered under the BCCL. It was observed that on the basis of the petitioner's own acknowledgement, for the period he had served under the C.M.L.W.O., the petitioner had already received the gratuity amount payable to him.