9911796707
TMI Blog2002 (4) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... est was reversed only on the ground that the petitioner was occupying the quarter even after discontinuance of his service. The interesting observation and conclusion of the Appellate Authority in its order dated 19th October, 2001 may be quoted as under : "Respondent is still occupying the quarter even after discontinuance of service. If law is there for making the payment of gratuity after retirement, there is law to vacate the quarter also belonging to employer after retirement. Law is meant for both. Now appellant employer has already deposited money with authority. Respondent should vacate quarter and come with clean hand and can get gratuity payable to him after adjusting penal rent payable by him." 2. It hardly requires any el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , raised the objection that the amount deposited by the respondent in compliance of the provisions contained in section 7 of the Payment of Gratuity Act, for filing of appeal, was a deposit and cannot be released either by order of this Court or by the order of the Appellate Authority in view of the fact that the respondent employer company is declared to be a sick industrial undertaking under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. It is stated in the affidavit filed on their behalf that the case of the respondent-Corporation is registered as Case No. PSU (C-535/92) with the Board for Industrial and Financial Reconstruction. The reference made to the said Board for Industrial and Financial Reconstruc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee in respect of any loan or advance granted to the industrial company shall lie or be proceeded with further, except with the consent of the Board or, as the case may be, the Appellate Authority." Extracting the relevant portion of the above provision, it can be seen that what is prohibited is proceeding for the winding up of the industrial company or for execution, distress or the like and any suit for recovery of money. According to the submission of the respondent, the amount lying deposited under the Payment of Gratuity Act was in the nature of only a deposit and it remained the property of the respondent due to which the payment thereof to the petitioner would amount to recovery of money. Learned Counsel for the respondent heavily ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers an appeal. The scheme and purpose of the provisions is apparently to ensure that at the end of the adjudication, the employee gets the real relief to which he was entitled as soon as his services came to an end. As against that, in the petition filed by the employee, the respondent herein has, at this stage, sought to canvass that either the petition itself should not be entertained as the ultimate order would result into recovery or that the petitioner may be asked to first obtain a permission from the B.I.F.R., before proceeding with the matter. The petition having been filed by the employee, the respondent has no right to seek any relief in their favour and such an attempt to thwart the payment of terminal benefits already parted wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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