U.P. Purva Sainik Kalyan Nigam Ltd v. Brijesh Kumar Pandey & Anr

1. Respondent no.l in all these matters filed an application under Section 7 of the Payment of Gratuity Act, 1972 before the Controlling Authority under the Payment of Gratuity Act seeking the gratuity amount along with interest thereon.

2. The petitioner contested the claims on the ground that the gratuity amount has already been paid by the petitioner to respondent no.l. The details of the payment of gratuity by the petitioner have been filed along with the rejoinder affidavit as Annexure P-9. Learned counsel for the petitioner submits that these details were filed before the Controlling Authority.

3. The Controlling Authority vide order dated 27"" February, 2013 awarded the gratuity amount along with interest thereon to respondent no.l. However, the impugned order neither contains a discussion nor any reasoned finding with respect to the contentions urged by the petitioner.

4. The petitioner challenged the order of the Controlling Authority in appeal before the Appellate Authority under the Payment of Wages Act.' The Appellate Authority dismissed the appeal. In the impugned order ofthe Appellate Authority, the contentions of the petitioner are recorded but there is no discussion or the reasoned finding on the contentions urged by the petitioner. • '

5. This Court is of the view that it was incumbent upon the Controlling Authority to have considered the contentions urged by the petitioner and to give areasoned finding in respect thereof. However, since the Controlling Authoiity as well as the Appellate Authority have not done so, the impugned 01delsofthe Contioiling Authority as well as ofthe Appellate Authority are set aside and the matters are remanded back to the Controlling Authority to hear the matter afresh and pass a reasoned order. The Controlling Authority shall determine the amount of gratuity payable by the petitioner, the amount of gratuity paid by the petitioner, the short deposit, if any and the interest payable on the short deposit. The Controlling Authority shall consider the evidence led by both the parties in support of their contentions.

6. The parties shall appear before the Controlling Authority on 15"^ December, 2016 when the Controlling Authority shall fix the matter for hearing. Both the parties are permitted to file brief note of submissions along with the relevant documents on which they wish to rely with relevant portions duly highlighted before the Controlling Authority. The Controlling Authority shall pass a fresh reasoned order after hearing both the parties. The petitioner deposited the amount in terms of the order of the Controlling Authority which has been disbursed to respondent no.l. The deposit and disbursement shall be subject to the fresh order to be passed by the Controlling Authority.

7. Copy ofthis order be given dasti to counsels for the parties. J.R. MIDHA,J. NOVEMBER 30, 2016 dk