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Judgment
Learned counsel for the petitioner submits that during pendency of the writ
application, certificate proceedings have been initiated before the Certificate Officer
cum Additional Collector (Supply), Dhanbad being Certificate Case No.
01(WC)/2015-16 for recovery of the amount of gratuity of Rs. 50,385/- in terms of the
impugned order dated 21.01.2013 passed by the Learned Regional Labour
Commissioner (Central), Dhanbad (Respondent No. 2) cum Appellate Authority under
the Payment of Gratuity Act, 1972.
Learned counsel for the petitioner submits that the Controlling Authority had
accepted the grounds urged by the petitioner for deduction of the amount of
Rs. 50,385/- on account of wrong fixation of pay from the gratuity of the employee /
Respondent No. 4. However, the Appellate Authority has, without appreciation of the
relevant materials and grounds, set aside the order of the Controlling Authority, by
directing payment of the deducted amount to the Respondent No. 4 employee by the
impugned order. It is submitted that the Respondents have already been noticed and
have entered appearance through their counsel as well. He therefore seeks to
incorporate an amendment also through prayer made in I.A. No. 4320/2015,
challenging the notice dated 15.04.2015 issued by the Certificate Officer cum
Additional Collector (Supply), Dhanbad. It is submitted that if the impugned notice is
not stayed, petitioner may suffer irreparable injury.
No one appears on behalf of the Respondents today.
Considered the submissions of the counsel for the petitioner in the light of the
prayer made in the interlocutory applications. The prayer for amendment is allowed.
Counsel for the petitioner shall incorporate the proposed amendment at para-8 of I.A.
No. 4320/2015, so far as it relates to the quashing of notice dated 15.04.2015, issued
by the Certificate Officer cum Additional Collector (Supply), Dhanbad in Certificate
Case No. 01(WC)/2015-16, at para-1 and prayer portion of the writ petition in red ink
during course of the day. Let the Certificate Officer cum Additional Collector
(Supply), Dhanbad be also impleaded as Respondent No. 6 in the instant writ petition.
Learned counsel for the petitioner would serve copies of the amended writ petition
again on the learned counsel representing the State to enable him to seek instruction
on the newly added prayer also. I.A. No. 4320/2015 stands disposed of accordingly.
I.A. Nos. 676/2015 & 4321/2015
Having considered the interim prayer made on behalf of the petitioner, this
Court is inclined to direct the petitioner to deposit the amount of Rs. 50,385/- with the
Certificate Officer cum Additional Collector (Supply), Dhanbad within a period of
two weeks from today. However, such deposit would be subject to outcome of the writ
petition. If such deposit is made before the Certificate Officer cum Additional
Collector (Supply), Dhanbad within the aforesaid period, the Respondent Certificate
Officer would not take any coercive steps against the petitioner. However, the amount
so deposited, shall not be disbursed without the leave of this Court. I.A. Nos.
676/2015 and 4321/2015 stand disposed of.