It has been contended by the petitioner that it is a Primary Agricultural Cooperative Credit Society and the 5th respondent was appointed as an employee in the said society on 01.08.1958. While he was discharging his duties during the year 1998, he was indulged in certain financial irregularities. Thereafter, after initiating civil and criminal proceedings, 5th respondent initially was placed under suspension and subsequently he was terminated from service on 10.04.1998. Though the petitioner have paid all the service benefits to the 5th respondent at the time of his termination, the 5th respondent preferred an appeal before the Assistant Commissioner of Labour/3rd respondent vide Case No.P.G.1/2000, contending that he is entitled for payment of gratuity for the services rendered to the petitioner. The 3rd respondent considered the case of the petitioner and dismissed vide order dated 20.10.2001. Challenging the said order, the 5th respondent preferred an appeal before the 2nd respondent vide Case No.P.G.No.3/2002 under Payment of Gratuity Act & Deputy Commissioner of Labour and the Deputy Commissioner of Labour allowed the appeal declaring that the 5th respondent is entitled for gratuity. Challenging the same, the present writ petition is filed.
