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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Central Coal Fields Ltd. – Appellant
Versus
Jitendra Kumar Sharma S/o Late Dr. Ram Prasad Sharma – Respondent
| Table of Content |
|---|
| 1. gratuity withheld and deposited pending bribery charges and proceedings (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. no interest if employer deposits gratuity with controlling authority per sec.7 and precedent (Para 7 , 8 , 9 , 10 , 11) |
| 3. clarify order, permit withdrawal sans interest; dismiss contempt (Para 12 , 13 , 14 , 15) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
Brief Facts
2. While the respondent-writ petitioner Dr. Jitendra Kumar Sharma was functioning as Medical Superintendent at Bhurkunda Colliery, Barkasayal Area, he was implicated in a criminal case on charges of demand and acceptance of illegal gratification of Rs.500/- from one Badri Turi, a Piece Rated Worker. On 07.04.2003, being R.C. Case No.9(A)/2003(R) and a departmental proceeding was also initiated against him vide Memorandum of Charge as contained in Memo No. PM(A)OE/Disc.Case/JKS/03/21067-74 dated 27.12.2004.
Dr. Jitendra Kumar Sharma superannuated from his services on 31.07.2013, however, on account of pendency of the departmental proceeding involving major penalty, the gratuity amounting to Rs.10.00 Lakh was deposed with the Assistant Labour Commissioner (Central), Hazaribagh vid
No interest payable on gratuity by employer if deposited timely with Controlling Authority due to pending criminal case of moral turpitude and departmental proceedings, as per Payment of Gratuity Act....
Employer cannot withhold gratuity for unauthorized retention of quarters post-retirement; statutory interest of 10% applies for delayed payment.
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
Employer's failure to issue Section 7(2) notice renders limitation inapplicable to delayed gratuity claims; special allowance includibility in wages demands factual probe; interest accrues on unpaid ....
Forfeiture of gratuity is premature when dismissal is under appeal and criminal proceedings are pending, emphasizing the need for adherence to natural justice.
The main legal point established is that an employee is entitled to interest on withheld gratuity as per Section 7(3A) of the Payment of Gratuity Act, 1972, and the provisions of the 1972 Act overrid....
Advocates appeared :For the Appellant : Hans Raj Mutreja For the Respondent : Tej Kumar Malik
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