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2007 Supreme(Bom) 298

V.C.DAGA
R. P. DHANDA – Appellant
Versus
REGIONAL MANAGER, UCO BANK – Respondent


P. C. :- Perused petition.

Rule, returnable forthwith.

2. Mr. Baware waives service for respondent No.1. Respondent No.2 is a formal party, hence service to respondent No.2 is dispensed with. Heard finally by consent of parties.

3. This petition is directed against the order dated 28th August, 2006 (Exh. “L”) passed by respondent No.2, the Appellate Authority under Payment of Gratuity Act, 1972 and Regional Labour Commissioner (Central), Mumbai (“Appellate Authority” for short) thereby reversing the order dated 23rd February, 2006 passed by the Controlling Authority under the Payment of Gratuity Act and the Assistant Labour Commissioner (Central), Mumbai (“Controlling Authority” for short) directing respondent No. 1 to pay to the petitioner the gratuity amounting to Rs. 3,50,000/- along with interest at the rate of 10% per annum from 31st May, 2000 till the date of payment within thirty days from the date of receipt of the order.

The Facts:

4. The facts leading to the present writ petition are that the petitioner was in continuous service for about 36 years with respondent No. 1-UCO Bank in Mumbai. He retired from the service with effect from 31st May, 2000. On the same day, petitioner





























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