Order-10.
Date-17/07/2015.
Complainant Subhajit Roy Pratihar by filing this complaint submitted that he is now presently working in M/s. Air Costa LEPL Projects Ltd. as Aircraft Maintenance Engineer from 10.01.2014.
Previously he was appointed in M/s. Kingfisher Airlines Ltd. (Ops) on 01.01.2009 with total salary of Rs. 60,000/- per month and his appointment in this regard was issued on 15.12.2008.But considering the performance of service he was acknowledged and appreciated by the Vice President (Op No.2) and have been upgraded from 01.07.2010 with total salary of Rs. 1,34,000/- vide letter dated 01.07.2010 and as per said salary, other facilities were there such as gratuity at the rate 15 days salary for every completed year of service.
Fact remains that complainant resigned from the service of Kingfisher on 10.01.2014 and a service certificate was issued to him by op no.2 on 20.01.2014 and thereafter complainant joined in Air Costa LEPL Projects Ltd.But gratuity has not yet been paid by the op, though complainant is entitled for gratuity for 9 years full service for Kingfisher Airlines Ltd. as he was employed from 01.01.2009 to 10.01.2014 that is total nine years.Therefore gratuity amount comes to 15 days salary per yearxnine days completed full service, total Rs. 17,000 x 9 years = Rs. 1,53,000/- which was not paid.So, complainant is entitled to Rs. 1,53,000/- being the gratuity amount for his service period of 9 years from 11.10.2005 to 10.01.2014.But op did not make any payment of the claim amount and did not make any commitment and for which the cause of action arose for non payment of gratuity amount as per service rules and commitment of the ops and such sort of practicing is no doubt an unfair trade practice.But complainant on various occasion requested the op to make the above due gratuity payment but no such step has been taken and thereafter complainant went to Burdwan District Consumer Protection and Welfare Centre, Burdwan to interfere in the matter for settlement of the dispute and they requested the ops to settle-up the matter by payment of the dues but op neither acknowledged the letter, nor taken any step and due to aforesaid act of negligence and deficiency and also unfair trade practice, complainant filed this complaint and directed the op to pay and refund of Rs. 1,53,000/- calculated gratuity amount including compensation and litigation cost etc.
Fact remains that in this case notices were duly served upon the ops which is evident from the Postal Internet Track Report.But even after receipt of the said notice, ops did not turn up to contest this case for which this case is heard exparte.
Decision with reasons
On proper consideration of the entire case record and after considering the complaint including the evidence in chief and materials, it is found that after filing of the evidence in chief in exparte hearing by the complainant, complainant sent copy of the complaint and that was received by the ops, but they did not even appear initially the notices of the complaint were served to the ops but they did not contest.
So, considering that fact it is clear that even after ops’ knowledge about filing of this case, the allegation of the complainant against them and nature of dispute, ops did not turn up to contest and in the above situation we have relied upon the documents filed by the complainant in respect of his appointment in the Kingfisher Airlines Company and also Pay Slip issued by Kingfisher Airlines Company and also terms and conditions of the policy.from the Pay Slip issued by the Kingfisher Airlines Company, it is found that 15 days salary for every completed year of service shall be treated as one year gratuity and as per their rule after five years of continuous service, gratuity amount shall be released and undisputed fact is that Kingfisher Airlines Company issued such certificate to that effect complainant Subhajit Roy Pratihar worked as Line Maintenance, Engineering Department based at Ahmedabad w.e.f. 11.11.2005 and up to 10.01.2014 and it is evident from the letter of Kingfisher Airlines Company dated 20.01.2014.So, considering that fact it is clear that complainant completed full nine years’ service in the Kingfisher Airlines Company and ultimately he resigned from the service of the op from 10.01.2014 and as per Pay Slip managed by the Kingfisher Airlines Company, it is also proved that complainant is entitled to 15 days salary after every one year completion of gratuity and same is only payable on vesting of complete 5 years of service, when that is the fact, then it is clear that complainant already completed 9 years’ service, then he is entitled to get such gratuity amount.
Truth is that his basic salary was Rs. 34,000/- and after his promotion as Aircraft Maintenance Engineer.Then 15 days salary be accumulated against one year service that means Rs. 17,000, was accumulated as gratuity amount and as because he completed 9 years complete service so, per year he is entitled to get of Rs. 17,000/- as gratuity and accordingly complainant is entitled to get total gratuity amount from the op a sum of Rs. 17,000/- x 9 years = Rs, 1,53,000/- and in this regard practically complainant has produced all supportive documents and truth is that ops have their nothing to say for which they did not contest.
Relying upon all those documents and materials on record, we are convinced that complainant is entitled no doubt a sum of Rs. 1,53,000/- as accumulated gratuity amount for continuous 9 years’ service in the Kingfisher Airlines Company. But fact remains that ops have not paid that amount since 10.01.2014. But in this case it is to be mentioned that complainant’s gratuity amount was subject to fulfilment of one year satisfactory full service and no doubt op is a private company, complainant is no doubt an employee, but he has already resigned and for performing his service, he is entitled to gratuity.
Then it is one type of condition of the service rendered by the employee to the employer and such sort of condition of service must be fulfilled by the employer in all respect when it was a contractual service and for which the complainant is a consumer and in respect of gratuity no doubt complainant is a consumer under the ops and ops are bound to perform his part of contract but that has not been complied with or performed by the ops.So, it is no doubt a deficiency of service and fact remains the Kingfisher Airlines Company is now a well-known company and all over India they are deceiving the employees from pension or gratuity etc. and as because the Kingfisher Airlines Company is not willing to pay the same, they have not contested the case even after receipt of the complaint and also after receipt of the evidence in chief by the Head Office of the Kingfisher Airlines Company.
Considering all the above facts and materials, we are convinced to hold that no doubt complainant as a consumer has entitled to get back the said amount of Rs. 1,53,000/- and also a compensation of Rs. 25,000/- over the same for not getting the same within time and for not paying the same to the complainant within 15 days from the date of resignation from the establishment of the op and no doubt complainant has also suffered for negligent and deficient manner of service rendered by the ops and for negative attitude of the op even after receipt of repeated reminders from the complainant, ultimately complainant was compelled to file this complaint before this Forum for redressal and in fact complainant has no reason to file this complaint if op as corporate concern would show their corporate responsibility towards their employees.
In view of the above findings we are inclined to hold that complainant is entitled to get relief as prayed for against the ops.
Hence, it is
ORDERED
That the complaint be and the same is allowed on exparte form against the ops with cost of Rs. 5,000/-.
Ops are jointly and severally hereby directed to pay a sum of Rs. 1,53,000/- as gratuity amount and further shall have to pay Rs. 25,000/- as compensation for loss of interest over the said amount by the complainant as yet and also for being harassed by the ops in such a manner, though he is now posted somewhere in another company and no doubt for that reason, ops shall have to pay that compensation including the gratuity amount and also the litigation cost of Rs. 5,000/- i.e. total Rs. 1,83,000/- to the complainant within one month from the date of this order, failing which penal interest at the rate Rs. 300/- per month shall be assessed over the said amount till full satisfaction of the decree and if penal interest is collected, it shall be deposited to this Forum by the ops.
Even if it is found that ops are reluctant to comply the order and disobey the Forum’s order, in that case, penal action shall be started against them u/s 25/27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon them.
