Excelsior Correspondent
JAMMU, Dec 2: Deputy Labour Commissioner has upheld imposition of costs on Ex Chief Manager of Citizens’ Cooperative Bank Ltd Jammu for unnecessarily dragging the bank into litigation.
The Appellate Authority Under Payment of Gratuity Act (Deputy Labour Commissioner, Jammu) Vinakshi Koul, dismissed an appeal filed by Ex- Chief Manager of CCBL Jammu, Anil Khajuria whereby costs imposed by Controlling Authority Under Payment of Gratuity Act, 1972 (Assistant Labour Commissioner, Jammu) for unnecessarily dragging the Bank into litigation and for wasting precious time of the Court was sought to be set aside.
The Ex Chief Manager had filed an application before Controlling Authority under Payment of Gratuity Act, 1972 claiming therein remaining gratuity. Applicant appeared in person whereas the bank was represented by Advocate Sanjay Kakkar. The Court after hearing both the sides, dismissed the application of Anil Khajuria observing the same as totally misconceived and that applicant has received gratuity component which was payable to him on the part of bank/employer at the time of his retirement within stipulated period as provided under Gratuity Act. The Court had also imposed costs of Rs 1000 upon the applicant for unnecessarily dragging bank into litigation and for wasting precious time and resources of concerned Court.
Appellant herein partly challenged the order of Controlling Authority under Payment of Gratuity Act before Appellate Authority under Payment of Gratuity Act,1972 (Deputy Labour Commissioner, Jammu) for setting aside imposition of penalty.
Appellate court observed that appellant himself being Chief Manager Admin had processed claim of his gratuity and same was settled for payment. “There is no question of any principle involved in the matter as the Controlling Authority under Payment of Gratuity Act 1972, has exercised his discretion in imposing costs on facts of the case. There is, therefore, no merit in the present appeal and same is liable to be dismissed in view of the settled preposition of law,” observed the Appellate Court.
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