Court allows reconsideration of gratuity claim upon provisional payment by petitioner, ensuring due process.

JUDGMENT

Petitioner has approached this Court challenging Exhibit P5 order of the Controlling Authority under the Payment of Gratuity Act, 1972 determining that the 2^nd respondent was entitled to payment of gratuity for a sum of Rs.3,46,154/- as also Exhibit P8 order dismissing the application for setting aside Exhibit P5 order.

2. It is the case of the petitioner that due to circumstances beyond his control, he could not appear before the Controlling Authority and contest the case. It is submitted that, Exhibit P6 revenue recovery proceedings have now been initiated to recover the amounts determined in terms of Exhibit P5 order. It is submitted that, there are sufficient grounds shown for setting aside the ex parte order.

3. Learned counsel appearing for the 2^nd respondent submits that when this matter was taken up for consideration at the last occasion, it was suggested that, if the petitioner were to pay a sum equivalent to 30% of the amount determined in terms of Exhibit P5 order, the matter can be remanded for fresh consideration of the Controlling Authority. It is submitted that, the 2^nd respondent has no objection in such a course of action being adopted.

4. Learned counsel appearing for the petitioner submits that the petitioner will remit a sum equivalent to 30% of the amount determined in terms of Exhibit P5 and such payment may be treated as provisional and subject to further orders to be passed by the Controlling Authority, after affording an opportunity of hearing to the petitioner and to the 2^nd respondent.

5. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 2^nd respondent, this writ petition is ordered, on consent, as follows:-

If the petitioner pays a sum equivalent to 30% of the amount determined in terms of Exhibit P5 order to the 2^nd respondent within a period of two weeks from today, Exhibit P5 order will stand set aside and the claim of the 2^nd respondent for payment of gratuity shall be redetermined by the Controlling Authority after affording an opportunity of hearing to the petitioner and to the 2^nd respondent. The payment to be made by the petitioner shall be treated as provisional and subject to further orders to be passed by the Controlling Authority. If the petitioner fails to pay the amount to the 2^nd respondent as directed above, within the time specified, Exhibit P5 order will sustain and the revenue recovery proceedings initiated against the petitioner shall continue for the purposes of recovery of the amounts determined in terms of Exhibit P5. The petitioner and the 2^nd respondent shall appear before the Controlling Authority at 11.00 am on 16.03.2026 and the petitioner shall produce proof of having paid the amount as directed above. If the petitioner fails to produce proof of having paid the amount as directed above before the Controlling Authority, the Controlling Authority need not reconsider the matter as directed in this judgment.

Writ petition is disposed of as above.

Sd/-