LAWS(TRIP)-2020-2-48

SUNIL CHANDRA LODH Vs. TRIPURA ROAD TRANSPORT CORPORATION

Decided On February 14, 2020
Sunil Chandra Lodh Appellant
V/S
TRIPURA ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioner. Also heard Mr. K. Bhattacharjee, learned counsel appearing for the respondents.

(2.) The main controversy arose in this writ petition is that whether the respondent-TRTC is entitled to recover the excess amount of Rs.72,969/- out of gratuity amount of Rs.2,63,296/- (Rupees two lakhs sixty three thousand two hundred ninety six) which was sanctioned in favour of the petitioner being a Group-D employee under the respondent- TRTC in view of a decision of the Apex Court in State of Punjab and Others v. Rafiq Mashi (White Washer) and Others, reported in (2015) 4 SCC 334.

(3.) Before dealing with the controversy, this Court may reproduce the relevant observations made by the Apex Court in the case of Rafiq Mashi (Supra):