Court No. - 43
Case :- WRIT - A No. - 6555 of 2019 Petitioner :- Giravar Respondent :- Up State Bridge Corporation Ltd. And 2 Others Counsel for Petitioner :- Pramod K. Gupta Counsel for Respondent :- Mukesh Kumar Kushwaha
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was employed in U.P. State Bridge Corporation Ltd. and has superannuated on 31.1.2002. Grievance of the petitioner is that in respect of petitioner's entire service the amount of gratuity, which is due and payable to petitioner in terms of Section 4 of the Payment of Gratuity Act, 1972, has not been released to him. It is stated that entire length of service in different capacity is liable to be counted for such purpose. Submission is that action of the respondents is clearly contrary to the Act of 1972.
Sri M. K. Kushwaha appearing for the respondent Corporation states that grievance of the petitioner would be examined by the competent authority at the first instance.
In the facts and circumstances, noticed above, this petition stands disposed of with a direction upon the respondent no.2 to accord consideration to the petitioner's claim for release of withheld/balance gratuity in terms of Section 4 of the Payment of Gratuity Act, 1972, by passing a reasoned order within a period of two months, from the date of presentation of a certified copy of this order before him. The amount which is found due and payable to the petitioner, shall be released to him within a further period of six weeks thereafter.
Order Date :- 26.4.2019 Ashok Kr.