Case:- WP(C) No. 1801/2022 v. Deputy Labour Commissioner Jammu & Ors.

Through: Mr. Sandeep Singh, Advocate. Vs Deputy Labour Commissioner Jammu and others .…. Respondent(s) Through: Mr. Adarsh Sharma, Advocate. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (06.12.2023)

The respondent no. 4 was in the employment of the petitioner. On the basis of her services so rendered to the petitioner, the respondent no. 4 became entitled to gratuity.

However, even after having been relieved from the services of the petitioner in October, 2010, the respondent no. 4 was not paid her gratuity claim by the petitioner and this state of default continued to persist which constrained the respondent no. 4 to petition the Assistant Labour Commissioner, Jammu as being the Controlling Authority under the Payment of Gratuity Act, 1972 on file no. 42/P.G.Act/2021 on 01.03.2021 asking for release of her gratuity.

This petition came to be disposed of by the Assistant Labour Commissioner, Controlling Authority under the Payment of Gratuity Act, 1972 vide its award dated 19.03.2022 thereby holding the petitioner liable to make payment of Rs. 58,275/- (Rupees fifty-eight thousand two hundred seventy-five only) along with interest of Rs. 6,103/- (Rupees six thousand one hundred three only) @ 10% per annum w.e.f. 01.03.2021 till date in favour of the respondent no. 4. 2 WP(C) No. 1801/2022

Thus, the total amount of Rs. 64,378/- (Rupees sixty-four thousand three hundred seventy-eight only) was directed to be deposited within 30 days from the date of passing of the said order dated 19.03.2022.

Against this order, the petitioner preferred a statutory appeal under section 7(7) of the Payment of Gratuity Act, 1972 before the appellate authority of Labour Commissioner, Jammu on its file no. 30-PGAct-2022 dated

28.04.2022 which came to be dismissed by the appellate authority vide its judgment dated 18.07.2022 conforming the order passed by the Assistant Labour Commissioner (Controlling Authority), Jammu, thus, confirming the entitlement of the respondent no. 4 to earn the gratuity amount payable in her favour along with the interest liability accrued thereupon.

The deposit of the gratuity amount as directed had come to take place at the time of filing of the appeal by the petitioner before the appellate authority of Labour Commissioner, J&K, Jammu, which amount came to be withdrawn by the respondent no. 4 and later on, the appeal filed by the petitioner also came to be dismissed meaning thereby at the time of filing of the present writ petition and its disposal taking place as on today, the basis of the lis has gone missing and the writ petition is now of the academic interest only which is meant to serve no purpose.