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2021 Supreme(Bom) 1507

G.S.KULKARNI
Air India Ltd – Appellant
Versus
Dharman K. Patil – Respondent


Advocates appeared:
Lancy D?souza, Advocate, Deepika Agarwal, Advocate, V.M. Parker, Advocate, Ashok D. Shetty, Advocate, Swapnil P. Kamble, Advocate, Rita K. Joshi, Advocate

JUDGMENT

G.S. Kulkarni, J. - The Controlling Authority under Payment of Gratuity Act, 1972 (for short "the Act") by an order dated 11 January, 2019 allowed the application as filed by the respondent directing the petitioner to make payment of gratuity to the respondent of an amount of Rs. 4,72,845/-. Such order passed by the Controlling Authority was assailed by the petitioner before the Appellate Authority, who by the impugned order dated 29 April, 2021 in dismissing the petitioners appeal, has confirmed the Controlling Authoritys order.

2. The respondent was in the employment of the petitioner. He joined the petitioners establishment on 24 November, 1983. On 29 November, 2012 which is after 29 years of service, the respondent was issued a charge-sheet by the petitioner under Clause 19(2) (xxii) of the Certified Standing Orders, alleging that respondent no. 1 at the time of seeking employment had willfully furnished false information on his age. It was alleged that respondent no. 1s actual date of birth was 1 January, 1950, however, he had submitted documents depicting his date of birth to be 1 January, 1956. On such charges, an enquiry was conducted which resulted in the disciplina

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