Bombay High Court
The Zonal Manager, Uco Bank Nagpur vs Shrawan Mahadeorao Nikhar And ... on 7 April, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.2849 of 2009
The Zonal Manager, UCO Bank,
3rd Floor, Jaika Motor Building,
Commercial Road, Civil Lines,
Nagpur. ... Petitioner
Versus
1. Shrawan Mahadeorao Nikhar,
Aged Major, R/o Johar Hardware
Shop No.1, Near Kanji House,
Binaki Mangalwari,
Nagpur.
2. Regional Commissioner (Central)
Appellate Authority under the
Payment of Gratuity Act,
CGO Complex, Civil Lines,
Nagpur.
3. Controlling Authority & Assistant
Commissioner, Payment of Gratuity Act,
Chandrapur. ... Respondents
Shri Tushar Darda, Advocate for Petitioner.
Smt. S.W. Deshpande, Advocate for Respondent No.1.
Smt. Anjali Joshi, Advocate for Respondent Nos.2 and 3.
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Coram : R.K. Deshpande, J.
th
Date : 10 April, 2017
Oral Judgment :
1. Heard Shri Tushar Darda, the learned counsel for the
petitioner; Smt. S.W. Deshpande, the learned counsel for the
respondent No.1; and Smt. Anjali Joshi, the learned counsel for
the respondent Nos.2 and 3.
2. The respondent No.1-Shrawan Mahadeorao Nikhar was
dismissed from service after holding an enquiry. After the
dismissal, the gratuity was withheld and, therefore, two distinct
proceedings were initiated - one before the Labour Court
challenging the dismissal of the respondent No.1 from service,
and the another before the Assistant Labour Commissioner for
payment of gratuity. The Labour Court has set aside the dismissal
of the respondent No.1 and directed his reinstatement with back
wages. The petitioner-employer has preferred Writ Petition
No.4857 of 2014 before this Court, which was admitted on
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27-3-2015. By way of interim relief, the payment of back wages
is stayed, but the stay to the reinstatement has been refused.
3. In the proceedings before the Assistant Labour
Commissioner, the employer has been directed to release the
amount of gratuity, which is the subject-matter of challenge in
this petition. In the present petition, this Court has stayed the
release of the amount of gratuity, though the employer has
deposited the amount to the tune of Rs.3,22,718/- by the cheque
dated 16-7-2008 before the Assistant Labour Commissioner.
4. It is not in dispute that the respondent No.1 is
reinstatement in service pending Writ Petition No.4857 of 2014
and he is working on the post. The gratuity becomes payable
only upon attaining the age of superannuation. It is reported that
the respondent No.1 is aged about 58 years. Thus, as on today,
there is no occasion to pay the amount of gratuity to the
respondent No.1. The petitioner can be permitted to withdraw
an amount of Rs.3,22,718/- deposited before the Assistant Labour
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Commissioner along with interest, if any, accrued thereon, and
the respondent No.1 can be granted liberty to raise the dispute if
the gratuity is ultimately not paid to him upon attaining the age
of superannuation.
5. In view of above, this petition is disposed of by an order
as under :
O R D E R
(i) The petitioner is permitted to withdraw an amount of
Rs.3,22,718/- deposited with the Assistant Labour
Commissioner along with interest, if any, accrued thereon.
(ii) The petitioner is at liberty to pass appropriate orders in
respect of gratuity payable to the respondent No.1 after the
decision of Writ Petition No.4857 of 2014 or upon his attaining
the age of superannuation, whichever event occurs earlier.
wp2849.09.odt
(iii) The respondent No.1 shall be at liberty to raise a dispute
regarding non-payment of gratuity, if any arises, before the
appropriate forum, and none of the observations made in the
impugned order shall come in the way of any of the parties.
(iv) No order as to costs.
Judge.
Lanjewar
