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HARISH KUMAR
Food Corporation of India – Appellant
Versus
Union of India – Respondent
Harish Kumar, J.—Heard Mr. Saket Tiwary, learned counsel for the petitioner, Mr. Uday Prakash Sharma, learned counsel for the respondent no.4 and Mrs. Kanak Verma, learned central government counsel for the Union of India.
2. By filling the present writ application, the petitioner Food Corporation of India seeks quashing of the order dated 30/31.01.2019 passed by the Deputy Chief Labour Commissioner (Central) Patna -cum- Appellate Authority under payment of Gratuity Act, 1972, by which the Appellate Authority has upheld the order of the Controlling Authority dated 31.01.2018 directing payment of gratuity to the respondent no.4 as also for quashing of the order of the Controlling Authority dated 31.01.2018, by which the Controlling Authority has directed the petitioner to pay gratuity to the respondent no.4 amounting to Rs.8,66,411/- along with 10 per cent interest with effect from 31.09.2012 till the date of payment. The petitioner further seeks a direction to restrain the Labour Authorities to release the deposited amount of Rs.8,66,411/-.
3. The short facts, which led to the filing of present writ application is that in the year 2011, while the respondent no.4 was posted as AG-I (D
Gratuity may be withheld pending disciplinary proceedings, dependent on the final outcome of those proceedings under the Payment of Gratuity Act, 1972.
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
1. Departmental proceedings cannot be continued and a penalty cannot be imposed after an employee has ceased to be in service, in the absence of a specific provision for continuation of the proceedin....
Gratuity is a statutory entitlement not subject to withholding after superannuation absent explicit legal grounds for forfeiture, emphasizing employee protection under the Act.
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