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2005 Supreme(Cal) 783

GIRISH CHANDRA GUPTA
INDIAN IRON AND STEEL CO. LTD. – Appellant
Versus
HIMANGSHU BIKASH SARKAR – Respondent


Advocates Appeared:
A.CHATTERJEE, L.K.Gupta, Parvinder Singh, SWAPAN BANERJEE

Girish Chandra Gupta

( 1 ) THE subject-matter of challenge in this writ petition is an order dated 6th december, 1987 passed by the Controlling Authority under the Payment of gratuity Act, 1972 and an order passed by the Appellate Authority dated 10th january, 1994 copies whereof are Annexures 'g' and 'j' to the writ petition respectively. The Controlling Authority held that the gratuity forfeited by the writ petitioner was payable to the workman. The appellate authority did not interfere. Briefly stated the facts are as follows.

( 2 ) THE respondent No. 1 was charge-sheeted for fraud, dishonesty, acting in a manner prejudicial to the interest of the Company and acts subversive of good conduct and behaviour. After a domestic enquiry he was dismissed from service on 22nd December, 1983. The writ petitioner forfeited the gratuity payable to the respondent No. 1 on the ground that the misconduct of the respondent no. 1 was grave and involved moral turpitude. The respondent No. 1 challenged the decision of the writ petitioner before the Controlling Authority. The Controlling authority by the aforesaid order directed the writ petitioner to pay the gratuity along with interest amounting



















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