Disbursement of gratuity
Isaac Gabriel
(Querist) 15 February 2018
This query is : Resolved
The controlling Authority passed orders for the payment of gratuity.The Management filed an appeal duly remitting the award amount to the Contolling Authority.The appeal fails and the Management filed appeal in High Court. But no stay was ordered. The case is pending for the last five years in High court.But the controlling authority refuses to disburse the amount pointing the High Court case. Whether action of the controlling Authority to refuse payment is as per law. If not what is the remedy.
Guest
(Expert) 16 February 2018
Dear Mr. Isaac Gabriel,
On having filed appeal against the award of the controlling authority, the dispute about eligibility of the employee for gratuity cannot be considered to have been settled, as per law. So the controlling authority can withhold disbursement of the amount of award till final judgment of the appellate court.
Moreover, the gratuity amount cannot be expected to be refunded by the employee so easily once expended without further litigation, if the appeal of the employer succeeds.
Isaac Gabriel
(Querist) 16 February 2018
Thanks Dingraji.My concern is, unless stay is granted, the lowere courts are nor barred to continue the case.Asuch, it is mandatory to stop payment unless there is stay.If this scenario is continued, the Management take advantage to file case at HC to prevent the labourer even after judgement in his favuur.Will it not mean to extension of unfair labour practice.
Dr J C Vashista
(Expert) 17 February 2018
Dear Mr. Isaac Gabriel,
As the appellate Court has not granted any "stay" order in the appeal you should file an execution petition.
Warm regards
Isaac Gabriel
(Querist) 17 February 2018
Thank you Dr.Vasishtaji.No separate Execution proceedings other than the controlling Authority. Moreover, the controlling Authority is at the receiving end express the inability to release the amount dopsited with.further I am advised to file writ for direction before the Honoble High Court.. Thank you once agai Dr. and Dingraji.
