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1998 Supreme(Bom) 678

Ramappa Bhimappa – Appellant
Versus
Phoenix Mills Ltd. and others – Respondent


JUDGMENT - A.V. SAVANT, J.:---Heard both the learned Counsel; Shri Shah for the petitioner and Shri Bapat for the first respondent.

2.This is a petition filed by Shri Ramappa Bhimappa, a former employee of the first respondent M/s Phoenix Mills Limited challenging the concurrent findings recorded by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972. (for short "Gratuity Act") Under the impugned orders, the petitioner's claim for the alleged balance of gratuity payable namely an amount of Rs. 16,942.50 has been rejected. Though in the application filed by the petitioner under section 4 read with section 7 of the Gratuity Act, the petitioner claimed an amount of Rs. 15,171.75. Counsel appearing before me are agreed that as per the petitioner's own claim the total dues worked out to Rs. 33171.75. Admittedly, the petitioner was paid an amount of Rs. 3697.20 on 22nd October, 1990 and he was further paid an amount of Rs. 12,532.05 on 7th April, 1994 towards the gratuity. Thus, the petitioner was, in all, paid an amount of Rs. 16,229.25 towards the gratuity. Deducting this amount from the total amount of Rs. 33,171.75 the balance would work out t

























































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