Mother Dairy Fruit And Vegetable Pvt Ltd vs Satpal Singh on 22 November, 2022
4. While the matter rested thus, the respondent/workman filed a claim
petition No.ALC-I/36(23)2019 titled 'Satpal Singh vs. Mother Dairy
Fruit & Vegetable Pvt. Ltd.' before the Controlling Authority under
the payment of gratuity Act, 1972. Petitioner/company filed a written
statement before the controlling authority and stated that the services of
the respondent/workman were terminated vide termination letter dated
02.05.2016 for disorderly behaviour, misconduct, disobedience and
Signature Not Verified
W.P.(C) 13086/2021 Page 4 of 19
Digitally Signed
By:RAJ BALA
Signing
Neutral Citation Number 2022/DHC/005070
illegal occupation of staff quarter after conducting a domestic enquiry
on charge-sheet dated 08.02.2016. It was alleged that the
respondent/workman sexually harassed the daughter-in-law of another
co-employee and an FIR No.107 under Section 354 IPC dated
24.02.2016 was lodged in PS Mandawali Fazalpur against him. It was
further alleged that the said act of the respondent/workman amounted
to an offence of disorderly conduct as well as an act of violence in the
Mother Dairy Complex. Further, it has been pleaded that as per the
License deed the act of holding threats to neighbours, noisy behaviour
and quarrelling with neighbours, disturbing the tranquillity of
community life of the said staff quarters complex constitutes a breach
of the condition of the deed and it was on the said basis that vide letter
dated 05.12.2015 the allotment of the respondent/workman was
cancelled by the petitioner/company and he was directed to vacate the
quarter within two months. On the account of failure of the
respondent/workman to vacate the premises, he was served with a
charge sheet for disorderly behaviour, misconduct, disobedience and
misconduct and illegal occupation of the quarter and after holding a
domestic enquiry, his services were terminated vide letter dated
02.05.2016. It was pleaded that since the respondent has caused
wrongful loss by not handing over the possession of the staff quarter to
the petitioner/company after his termination, therefore in view of
Section 4 (6) of the Act the petitioner/company was justified in
forfeiting the gratuity of the applicant.