Remand back to controlling authority by appellate authority

Could be for new trial, procedural error.

Refer Sec;7 in the Act.

Speak to Appellate Authority. 

Doab sir,

While hearing at Appellate Level, During first hearing I asked The Appellate Authority whether my demands are legitimate or not. He told me that only he can ask question, I have to only reply!

Out of six/five hearings, I had to keep mum only or submit my vies/representations only in writing. Respondant has never replied/objected my demands, neither at Controlling nor at Appellate Authority level. Then why can't the Appellate Authority deliver the judgement?t What is the role of higher authority if the decisions are to be taken by the subordinates? .I feel as if I am taken for a ride by the Appellate Authority.At least Controlling showed the guts to issue the Direction for Payment Order, let be with error. Appellate Authority showed teeth to me but finally became toothless when it came at decision stage!

Doab Sir,

As suggested by you, I again sudied Section 7. No where I found words Remand Back. Also at the end it is written that if the claim of aggrieved applicant is found satisfactory, the authority will suitably modify the order. That means he has right as well it is his duty to modify the order suitably, if he is convinced.

I have not maid any new claim in Appeal. My claims were ignored by the Controlling Authoriy, henced I Appealed. The Appellate Authority has asked the Controlling Authority to clarify whether my claims are right r nt!!!!!

How Controlling Authority will now admit that my claims were right but he did not agree  or could not interpret (the Act and claims) correctly. 

Something fishy??!!

Establish before controlling authorriy that yur claim is just and right.

Show all dcos to a very able counsel specializing in such/service matters.

Doab Sir,

Thanks again for taking interest.

Sir,

I attached even similar verdicts to justify my demands (Thanks again to Lawyers Club and India Kanoon).

 When I first met Controlling Authority, I asked him whether I need to hire a Counsellor/Lawyer (Because I can not pay 10% advance, about 1lakh). He said there is no need because my case is straight forward. My service was verbally terminated and there is no scope for forfieture of gratuity.

I don't know what happened at the end. He considered length of service 11 years for my actual length of service 11 years 6 months 3 days ( from 09/09/2002 DoJ to 11/03/2014 i.e. last day of my duty before I proceeded for orthopaedic surgery on LWP Basis and then not allowed to join the duty).

D.A. as per last pay slip is 90% ( March 2014) but declared as 100% during May 2014 and paid to all except me.

I have already referred folllowing in my application:

 Section 4(2), Payment of Gratuity: (2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned :

Samething is mentioned in the Group Gratuity Agreement between LIC and the Institute.

Section 2(s):Definitions: “wages” means all emoluments which are earned by an employee while on duty or on leavein accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance....

I have also referred following two and few other similar judgements for payable D.A., 

(1) Bombay High Court, The Transport Manager, Kolhapur vs Pravin, Bhabhutlal Shah, on 2 July, 2004, Petition filed against the order dated 30th March 2002 passed by the Controlling Authority, Kolhapur in Application (PGA) No. 19 of 2000 allowing the application filed by Respondent No. 1 and the order dated 9th October 2003 of the Appellate Authority, Pune in Appeal (PGA) No. 2 of 2003 dismissing the Appeal preferred by the Petitioner.

The Controlling Authority after assessing the evidence led before it held that the Respondent workman was entitled to gratuity as claimed by him. The Controlling Authority was of the view that the dearness allowance should be calculated at the rate of 228% of basic wages and not 182% as that was the amount payable by way of dearness allowance.

(2) Allahabad High Court Rajendra Deva vs Addl. Labour Commissioner  on 3 February, 1999.

In the absence of any order withholding the annual increment, the Controlling Authority was, in my opinion Justified in calculating the amount of gratuity on Rs. 1.440 (and not Rs.1400 as per last pay slip), as the wages\last drawn by the petitioner. The last wage included that Rs. 40 increment due but not paid with last wage.

That's why I "smell" something "fishy"........

Approved leave is counted in service period.

Apparently the Appellate Authority has indirectly asked the Controlling Authority to pass just and correct order.

Doab Sir,  

Hope your postive thinking turns into reality! 

I have faith in Judicial System. But frustration forces to think otherwise........

Hope sustains life.

Although there is provision of penalty and punishment with jail term in SEc;9::: to 'Whoever' avoids to pay Gratuity, it is seldom awarded.

It is a concern that the authority shall pass defective order.

Thanks for the best wishes...

Hope for the best....

Hope good sense will prevail.........

Next hearing will be after a month. I wll come back with what happened.

Have a good day.

Online discussions have its own limitations.

Cosnult a very able counsel specializing in service matters at your location, and show all docs on record.

Wish you all the very best.

Doab Sir,

Many many thanks for kind advice and best wishes....