JUDGMENT:

1. Rule.

2. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.

3. By this petition, Petitioner challenges judgment and order dated 26 March 2021 passed by the Industrial Court, Mumbai in Appeal No.55 of 2019. The appeal was filed by Respondents under the provisions of Section 7(vii) of the Payments of Gratuity Act 1972 challenging the judgment and order dated 26 July 2019 passed by the Controlling Authority & Labour Court, Mumbai (Controlling Authority), by which Petitioner was held to be entitled to receive gratuity of Rs.2,69,165/- alongwith interest at the rate of 10%. By judgment and order dated 26 March 2021 impugned in the present petition, the Industrial Court has proceeded to allow the appeal of Respondents and has set aside Controlling Authority’s order dated 26 July 2019. Aggrieved by the judgment and order dated 26 March 2021 of the Industrial Court Petitioner has filed the present petition.

4. Briefly stated, facts of the case are that Petitioner was an employee of Bombay Mercantile Co-operative Bank and held the post of Regional Manager. Respondent No. 1 is the hospital run by the Santacruz Residents’ Associati