Date of filing:- 26/04/2023.
Date of Order:-06/05/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 51 of 2023.
Premraj Mahakur, aged about 63(sixty three) years, S/o Late Ghasi Mahakur, resident of village/Po. Tora, Ps. Rural, Police Station- Bargarh, Dist-Bargarh, Pin-768040. ..... ..... ..... Complainant.
-: V e r s u s :-
Secretary, Tora Primary Agriculture Co-operative Society Ltd., Tora, Po. Tora, Ps. Rural P.S., Bargarh, Dist. Bargarh. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Smt. M.Mishra, Advocate.
For the Opposite Party :- Sri M.K.Satapathy, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.06/05/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member:-
1) The case of the Complainant is that the Complainant is an employee of the Opposite Party Society since 06-03-1984 and superannuated on 31-03-2021 after completion of 37(thirty seven) years and 25(twenty five) days. The Complainant was drawing salary @ ₹26,624/-(Rupees twenty six thousand six hundred twenty four)only per month at the time of superannuation. As per provision of the payment of Gratuity Act-1972 after superannuation within one month of gratuity amount was to be released. But the Opposite Party after repeated request failed to do so and remained silent. Till date the Opposite Party has not released the gratuity and retirement benefits. Hence the Complainant filed this case before this Commission for deficiency in service of the Opposite Party.
2) The case of the Opposite Party is that the Opposite Party filed its version. The Opposite Party admitted that the Complainant superannuated on 31-03-2021. The Opposite Party submitted that the Complainant was suspended vide letter dated 08-06-2015 and he was re-insisted vide letter No. 596 Dt.31-03-2017 and circular Dt. 31-03-2017. Further the Opposite Party submitted that as a vigilance case is pending against the Complainant though his various dues have been duly calculated and sanctioned. Due to pendency of the vigilance case the amount has not been disbursed. The Complainant has requested various times to cause the proceeding to a logical end, but the Complainant is avoiding the same on various pretext for which his dues have not been disbursed. Hence there is no any deficiency on the part of the Opposite Party.
3) After perusal of complaint petition, version and documents filed by the Parties following issues are framed.
Issues
- Whether the case is maintainable under C.P. Act ?
- Whether the Opposite Party is deficient in service ?
- Whether the Complainant is entitled to get relief ?
Issue No.1(one)
4) The Complainant field this case before this Commission for non-payment of gratuity amount by the Opposite Party. In S.C. Case No. FA/266/2009 has held that a proceeding under Consumer Protection Act for a claim for gratuity is maintainable. It has been held as such merely by relying on the decision of Hon'ble National Commission in the case of Venkatesh Vs Viswanath reported in 2006 (I) CPR 473. Accordingly the case is maintainable.
Issue No.2(two)
5) It is an admitted fact that the Complainant was an employee of the Opposite Party society and he has completed service on 37(thirty seven) years and 25(twenty five) days. The Opposite Party submitted that due to pendency of the vigilance case the amount has not been released. As per the submission of Opposite Party the Complainant was suspended on 08-06-2015 and he was re-insisted on 31-03-2017. After perusal of record it reveals that the Complainant retired on 31-03-2021. As per the provision of Gratuity Act-1972 the gratuity amount should be released within one month from retirement. Hence it was the duty of the Opposite Party to release the gratuity amount within one month after the retirement of the Complainant. But in the present case the Opposite Party has not released the gratuity amount to the Complainant till date. The Opposite Party is taking plea. The plea which the Opposite Party is taking not at all related to gratuity matter. Hence the plea is not acceptable. The Opposite Party is deficient in service for non payment of gratuity amount. The issue is answered accordingly.
Issue No.3(three)
6) For deficiency in service of the Opposite Party the Complainant is entitled to get relief. Gratuity calculation formula as per Gratuity Rules = (15 X Last drawn Salary X Number of completed years of services) / 26. The last drawn salary of the Complainant is ₹26,624/-(Rupees twenty six thousand six hundred twenty four)only and he has completed 37(thirty seven) years of services. As per gratuity formula the Complainant is entitled to get = (15 X ₹26,624 X 37) / 26 = ₹5,68,320/-(Rupees five lakh sixty eight thousand three hundred twenty)only.
As per payment of Gratuity Act 1972, the rate of interest for delayed payment of gratuity is determined by the government and is subject to change from time to time. The current rate of interest for delayed gratuity payment is 8%(eight percent) per annum. This means that if an employer fails to make the payment within the stipulated time frame, they are liable to pay an interest of 8%(eight percent) per annum on the amount due. Accordingly the Complainant is entitled to get ₹ 5,68,320/-(Rupees five lakh sixty eight thousand three hundred twenty)only with 8%(eight percent) interest per annum from his retirement till realisation. The issue is answered accordingly.
As per supra discussion the following order is passed :-
O R D E R
7) The Complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to pay ₹ 5,68,320/-(Rupees five lakh sixty eight thousand three hundred twenty)only with 8%(eight percent) interest per annum from the date of retirement i.e. 31-03-2021 till date of order to the Complainant within one month from the date of this order. Further the Opposite Party is directed to pay ₹ 40,000/-(Rupees forty thousand)only for deficiency in service and ₹ 10,000/-(Rupees ten thousand)only for litigation expenses to the Complainant. Failing which the entire amount will carry 12%(twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.06/05/2024 and the case is allowed against the Opposite Party and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt.Jigeesha Mishra)
P r e s i d e n t.
