9911796707
TMI Blog2009 (7) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... oner who has undeniably worked under the respondent-company is entitled for the admitted amount to sustain himself. The respondent-company is directed to pay a sum of ₹ 1,65,692 to the petitioner within four weeks from today.The petitioner shall receive this amount subject to the result of the proceedings pending before the Controlling Officer under the provisions of the Payment of Gratuity Act. In case, the proceedings goes against the petitioner, it would be open to the respondent-company to recover this amount in accordance with law - COMPANY PETITION NO. 61 OF 2008 - - - Dated:- 10-7-2009 - R.S. PATIL, J. Mahesh K.V. for the Petitioner. J. Pradeep Kumar for the Respondent. JUDGMENT 1. The petitioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid. 3. The petitioner got issued another legal notice dated 17-12-2007, vide annexure K. The same was replied by the respondent-company on 2-1-2008, vide annexure L, wherein the company worked out the details of the amount payable under different heads to the tune of Rs. 2,06,773. Thereupon, the petitioner issued another notice dated 28-1-2008, vide annexure M requesting the company to issue the cheque or demand draft for the admitted amount. The respondent-company issued a letter dated 1-4-2008, vide annexure N along with a cheque for an amount of Rs. 19,408 to the petitioner alleging acts of misconduct amounting to moral turpitude which entitled the company to forfeit the amount payable towards gratuity. The misconduct alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling Officer for payment of the amount under the provisions of the Payment of Gratuity Act, 1972, the petitioner is not entitled to maintain this petition. He has contented that a suit is also pending wherein the company has sought for an injunction against the petitioner from joining the rival company and divulging the confidential information. 6. Having heard learned counsel for the parties and on careful perusal of the materials on record, I find that as per annexure J reply dated 12-12-2007, sent to the legal notice dated 5-12-2007, issued by the petitioner, the respondent-company has clearly admitted that the total terminal benefits payable to the petitioner were approximately in a sum of Rs. 1,85,000 and that the said amount will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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