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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Managing Director, Orissa Forest Development Corporation Ltd. – Appellant
Versus
Surendra Nath Ojha – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to gratuity payment decision. (Para 1 , 2 , 3 , 4) |
| 2. definition of employee under the act. (Para 6 , 7) |
| 3. arguments on permissible recovery from gratuity. (Para 8 , 9 , 10 , 11) |
| 4. court reasoning on adjustments and recovery. (Para 12 , 13) |
| 5. dismissal of writ petition without costs. (Para 14 , 15) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner challenging the impugned decision by the order under Annexure-12 under the Payment of Gratuity Act, 1972 (hereinafter referred to the ‘Act’) followed by dismissal of appeal vide Annexure-14 on the grounds inter alia that the direction of payment of full gratuity without directing recovery of dues as illegal and perverse, hence, therefore, the same are liable to be interfered with and set aside in the interest of justice.
3. According to the petitioner, the amount of gratuity was paid to opposite party No.1 on 12th May, 2008 on the basis of an undertaking dated 24th April, 2001 to recover the dues from him and the same is permissible under law. The contention is that opposite party No.1 having received leave salary of Rs.1,31,624/-, on the basis of such an undertaking to the effect that re
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