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CourtNews29INDIAN RED CROSS SOCIETY-V- BANKANIDHI MISHRAW.P.(C) NO.6890 OF 2012 (Dt.15.03.2013)A. PAYMENT OF GRATUITY ACT, 1972 – S.4.Payment of Gratuity – Whether entitlement of an employee under the Act, 1972 can be curtailedby Rules, 2001 framed by the petitioner-society – Held, No.In this case O.P.1 served the petitioner-society as Director for more than 28 years – As per his lastdrawn salary he is entitled to gratuity of Rs.3,48,034 under the Act, 1972 but the petitioner-society paidhim only Rs,50,000/- as per Clause 28 (a) of the service Rules, 2001 framed by it – Held, statutoryentitlement available to an employee can not be curtailed by the petitioner-society by framing any Ruleof its own – There is no infirmity or illegality in the impugned order passed by the Controlling Authorityunder the payment of Gratuity Act-cum-Labour Commissioner, Cuttack directing the petitioner to depositfurther amount of Rs,3,00,000/- with 10% interest P.A., calling for interference by this Court.B. PAYMENT OF GRATUITY ACT, 1972 – S.1(3)(B).Whether the petitioner, Indian Red Cross Society Orissa Branch comes within the meaning of“establishment” U/s. 1 (3) (B) of 1972 Act – Held, Yes.The petitioner society sells blood, conducts different pathological/medical tests and collected feesfrom the customers – Held, petitioner comes within the meaning of establishment U/s.1 (3) (b) of the Act.C. PAYMENT OF GRATUITY ACT, 1972 – S.4.Whether provisions of payment of Gratuity Act, 1972 is applicable to the employees of Indian RedCross Society – Held, Yes.(B. N. Mahapatra, J.)ISWAR CHANDRA DASH-V- FIRST ADDL. DIST. & SESSIONS JUDGE, CTC. & ORS.W.P.(CRL.) NO.279 OF 2013(Dt.25.03.2013)A. CRIMINAL PROCEDURE CODE, 1973 – S.439 (2).Cancellation of bail – Conduct subsequent to release on bail and other supervening circumstancesare relevant.Once bail granted to an accused and application U/s.439 (2) Cr.P.C. filed before the said Court andthe Court finds that the accused while on bail has misused his liberty and has acted in such manner whichis prejudicial to the case of the prosecution, i.e. if the accused has attempted to gain over witnesses,has committed further criminal acts on the informant or any other person belonging to the prosecutionparty or has attempted to threaten the witnesses, the bail granted earlier to him can be cancelled by theCourt granting such bail.B. CRIMINAL PROCEDURE CODE, 1973 – S.439 (2).Cancellation of bail – A bail order once granted can only be cancelled under the provisions ofSection 439 (2) Cr.P.C. and not otherwise.C. CONSTITUTION OF INDIA, 1950 – ART.226.Writ petition to set aside the order granting bail – Questioning public accountability on the part ofthe learned Court below who granted such bail – Held, writ petition is not maintainable since remedyavailable to the petitioner to move appropriate application U/s.439 (2) Cr.P.C.(M. M. Das, J & B. N. Mahapatra, J. )