Delhi High Court - Orders
Mother Dairy Fruit And Vegetable Pvt Ltd vs Satpal Singh on 22 November, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:22.11.2021
21:50:03
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13086/2021 and CM APPLs. 41287/2021, 41288/2021
MOTHER DAIRY FRUIT AND VEGETABLE PVT
LTD ..... Petitioner
Through: Mr. Vivek Sood, Sr. Advocate with
Mr. Firoz Khan, Advocate.
(M: 8588819983)
versus
SATPAL SINGH ..... Respondent
Through: Ms. Priya Gaur, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.11.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted only in cases where permission is being sought from the Court. CM APPL. 41288/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. WP(C) 13086/2021 & CM APPL. 41287/2021 (for stay)
3. The present petition has been filed challenging the order dated 28th September, 2021 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter "Act") in Gratuity Appeal No.36(02)/2020P.A.DYC titled "M/s. Mother Dairy Fruit and Vegetable Pvt. Ltd. v. Shri Satpal Singh", as also order dated 12th February, 2020 passed by the Controlling Authority in Claim Petition No.ALC- 1/36(23)2019 titled "Sh. Satpal Singh v. Mother Dairy Fruit & Vegetable Pvt. Ltd.". By the impugned orders, the Appellate Authority and the Controlling Authority have held that Section 4(6) of the Act is not attracted in the present case, and thus, the gratuity payable to the Signature Not Verified Digitally Signed By:Devanshu Signing Date:22.11.2021 21:50:03 Respondent/Employee under the Act, cannot be withheld or forfeited by the Petitioner/Employer.
4. The case of the Petitioner/Employer is that the gratuity in respect of the Respondent was rightly forfeited. The ground upon which the forfeiture of gratuity is defended by the Petitioner is that the Respondent has caused loss to the property belonging to the Petitioner, and has also committed an offence involving moral turpitude. The Respondent is stated to still be in occupation of the staff quarters of the Petitioner.
5. Issue notice. Let the Respondent/Employee be served on his mobile number as also through his email.
6. The amount awarded by the Controlling Authority, vide impugned order dated 12th February, 2020 and confirmed by the Appellate Authority vide order dated 28th September, 2021, is stated to have been deposited with the Controlling Authority. Accordingly, the impugned orders shall remain stayed.
7. Let counter affidavit be filed within six weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
8. List before the Registrar on 2nd February, 2022.
9. List before the Court on 30th March, 2022.
PRATHIBA M. SINGH, J.
NOVEMBER 22, 2021/mw/AD