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2021 Supreme(Chh) 279

P.SAM KOSHY
Sub Area Manager South Eastern Coalfields Ltd. – Appellant
Versus
Shri Anam S/o. Late Dina – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vivek Chopda, Advocate.
For the Respondents: Mr. Ramakant Mishra, Asstt. S.G. along with Mr. Amit Banerjee.

ORDER :

1. Aggrieved by the order of the respondent no.3 dated 28.09.2020 delivered upon the petitioner on 08.10.2020 passed in PGA-15/2020 the present writ petition has been filed.

2. The facts of the case in brief are that the respondent no.1 was employed by the petitioner on the post of General Mazdoor Category-I. However, in the course of his employment a complaint was received in respect of his getting employment by impersonating himself. Subsequently, a disciplinary proceeding was initiated and the respondent no.1 was terminated from service vide order dated 30.04.2018.

3. The order of termination from service has not been challenged by the employee before any Court of law. Subsequently, the respondent no.1 preferred an application before the Controlling Authority for payment of gratuity under the Payment of Gratuity Act. The matter was registered as Case No. BSP-36(71)/2019-RLC. The Controlling Authority vide order dated 11.03.2020 passed an order holding that the respondent no.1 is entitled for payment of gratuity to the tune of Rs.20,00,000. The order of the Controlling Authority was subjected to challenge before the Appellate Authority i.e. the respondent no.3 under Section

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