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2015 Supreme(Del) 1858

GITA MITTAL, I.S.MEHTA
UNIVERSITY OF DELHI – Appellant
Versus
KANWAR KUMAR GAMBHIR – Respondent


Advocate Appeared:
Mr. G.K. Pathak, Advocate
Mr. Rajeev Saxena, Mr. Vardaan Dhawan, Advocates for R1. Mr. Anuj Aggarwal, Advocate for R5& 6/UOI

JUDGMENT :

GITA MITTAL, J.

1. The appellant /University of Delhi assails the orders dated 13th August, 2013 & 12th May, 2014 passed by the learned Single Judge affirming the order dated 9th October, 2012 passed by the Controlling Authority under the Payment of Gratuity Act, 1972.

2. Inasmuch as, identical questions of law arise on similar facts, we are taking up these appeals together for the purposes of adjudication. We have heard learned counsel for the parties at length and have carefully perused the case. The facts giving rise to the petitions are in a narrow compass and to the extent necessary are noted hereunder.

3. It is undisputed that both the respondents before us are the retired employees of the appellant/University of Delhi. The appellant/University of Delhi has disputed the applicability of the payment of Gratuity Act, 1972 to the organisation for the reason that it has its own Gratuity Scheme under the Delhi University Act and Statutes and ordinances notified thereunder. The respondent/Kanwar Kumar Gambhir in LPA 810/2013 consequently was compelled to move an application under Section 4 of the Payment of Gratuity Act, 1972 to claim payment of gratuity on account of his su














































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