Subodh Abhyankar, J.

1. The petitioner before this Court is an employee of the Madhya Pradesh Power Generating Company Limited. The petitioner is aggrieved by the order dated 30.6.2014 issued by the Labour Commissioner and Appellate Authority in Gratuity Appeal Case No.331/2013 and Gratuity Appeal Case No.1/2010 dated 30.6.2014 whereby the petitioner's claim for gratuity has been declined on the ground that the petitioner had caused an accident which resulted into the death of a person and in the claim case arising out of the said case a sum of Rs.3,72,141.36/- was also required to be paid by the respondent-company. The petitioner has submitted that he is entitled to the payment of gratuity after completing 38 years of service which comes to Rs.509808/-. It is further submitted by the petitioner that initially he was suspended but subsequently he was reinstated and retired on 30.9.2006 and there is no provision in the Payment of Gratuity Act, 1972 to withhold the gratuity of a person.

2. The respondents have denied the claim made by the petitioner on the ground that he is a delinquent employee and was found to have driven a vehicle under the state of intoxication, which result