The Project Officer vs Union Of India Through Ministry Of ...
2024 Latest Caselaw 5532 Jhar

Jharkhand High Court

The Project Officer vs Union Of India Through Ministry Of ... on 10 June, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P. (L) No. 1551 of 2024

            The Project Officer, KOCP Bastacolla Area of M/s. B.C.C.L. Jharia,
            Dist. Dhanbad                               ...     ...    Petitioner
                                     Versus
            Union of India through Ministry of Labour and Employment and
            Others                         ...             ...       Respondents
                                     ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the Petitioner             : Mr. A.K. Das, Advocate
            For the Respondents(1 to 3)    : Mrs. Niki Sinha, CGC
                                           ---

05/11.06.2024          Learned counsel for the petitioner as well as learned counsel for
                the respondent nos. 1 to 3 are present.

2. Learned counsel for the petitioner submits that matter regarding deduction of penal rent from the gratuity payable to the private respondent was subject matter of consideration before the Statutory Authority namely the Controlling Authority under Payment of Gratuity Act, 1972. The final order was passed on 29.12.2022/ 21.02.2023 which was communicated to the petitioner on 04.03.2023. In the year 2020 , the private respondent had filed the writ petition before this Court being W.P. (S) No. 3495 of 2020 wherein he raised a point that the penal rent cannot be deducted from the gratuity.

3. Learned counsel submits that grievance regarding deduction of penal rent was agitated at two forums; one before the Statutory Authority under Payment of Gratuity Act and other before this writ Court. The case before the Controlling Authority under Payment of Gratuity Act was filed on 01.02.2021 during the pendency of the writ petition but the writ petition was ultimately heard and order was reserved on 22.12.2022 and the judgment was pronounced on 22.02.2023 wherein it has been held that the petitioner was justified in issuing notice dated 16.01.2021 and they were free to adjust the penal rent from the retiral benefits of the petitioner.

4. The learned counsel submits that though the controlling authority has held that penal rent could not be adjusted, but the same is contrary to the view of the Hon'ble Supreme Court. He has further submitted that the Appellate Authority has dismissed the appeal solely on the ground of delay, but at the same time, in view of the order passed by this court W.P. (S) No. 3495 of 2020 the petitioner is still entitled to deduct the penal rent from the post retiral benefits of the respondent no. 4. The learned counsel submits that the private respondent is still is occupation.

5. Issue notice to respondent no. 4 for which requisites etc. under speed post as well as ordinary process be filed by 13.06.2024 failing which this writ petition shall stand rejected without further reference to a Bench. The notice should accompany a copy of this order.

6. If the requisites etc. are filed within time, post this case under the heading for 'Final Disposal' on 16.07.2024.

7. Office to track the speed post-delivery and prepare appropriate office note regarding service of notice upon the respondent.

(Anubha Rawat Choudhary, J.) Binit