K. Karunakar vs Apsrtc And Ors. on 24 January, 2006
In Joseph N.K. Pradhan v. Industrial Tribunal (supra), a Division Bench of the Qrissa High Court dealt with the same issue, may be in a different context. In that case, the services of an employee were terminated on the ground of incapacity and old age. The termination, as such was not challenged. There existed a dispute as to the entitlement of the employee to be paid the gratuity. Therefore, the employee approached the Government and sought for reference. On a reference being made by the State Government, the Industrial Tribunal took up the matter. The employer raised an objection, as to the maintainability. It was urged that unless the very validity of termination of services is in challenge, Section 2-A cannot be invoked, for the ancillary purpose of determining the entitlement, to receive the gratuity. The Tribunal overruled the objection and proceeded to adjudicate the dispute, on merits. The Division Bench took the view that the expression "arising out of occurring in Section 2-A, of the Act, would take into its fold, incidental matters, such as entitlement to receive gratuity, and it is not necessary that the termination, as such must be in dispute.