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2001 Supreme(Kar) 395

CHANDRASHEKARAIAH
J. B. MICHAEL D SOUZA – Appellant
Versus
APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, BANGALORE – Respondent


Advocates:
B.C.PRABHAKAR, P.S.RAJGOPAL

CHANDRASHEKARAIAH, J.

( 1 ) THIS writ petition is by the ex-employee of the third respondent-Bank challenging the order of the Appellate Authority i. e. , the first respondent under which the order of the second respondent has been set aside.

( 2 ) THE facts in this case are as follows: the third respondent-Bank issued a notice dated June 30, 1998 intimating that the gratuity payable to him has been forfeited under Section 4 (6) (a) of the Payment of Gratuity Act, 1972 (for short, 'act' ). As against this order the petitioner filed a petition under Section 7 of the Act claiming payment of gratuity. The said application was allowed by the Controlling Authority directing the third respondent-Bank to pay Rs. 84,561 to the petitioner. In the said order the Controlling authority has not awarded any interest as required under Section 7 (3) (a) of the Act. As against the order of the Controlling Authority directing the third respondent to pay the gratuity, the third respondent preferred an appeal before the Appellate Authority. The petitioner has also preferred an appeal to the Appellate Authority insofar as it relates to non-awarding of the interest is concerned. The Appellate Authority c







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