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2023 Supreme(Del) 5698

ANISH DAYAL
Sanjay Kaura – Appellant
Versus
Air India Limited – Respondent


Advocates appeared:
Mr. Om Prakash with Mr. Anshul, Advocates, for the Appellant; Mr. Lalit Bhasin, Ms. Nina Gupta, Ms. Ananya Marwah and Mr. Ajay Pratap Singh, Advocates, for the Respondent.

JUDGMENT

Anish Dayal, J. - These petitions have been filed by Mr. Sanjay Kaura ("Petitioner No. 1") and Mr. F.G. Runda ("Petitioner No. 2") (collectively referred to as "petitioners") assailing two separate decisions dated 11th October, 2018 ("impugned decisions") passed by the Deputy Chief Labour Commissioner (Central) and the Appellate Authority under the Payment of Gratuity Act, 1972 ("Appellate Authority"). The appeals were filed by the respondent-management under section 7(7) of the Payment of Gratuity Act, 1972 ("the Act") impugning orders dated 21st May, 2018 and 25th May, 2018 ("orders of the Controlling Authority") passed by the Controlling Authority under the Act and Assistant Labour Commissioner ("Controlling Authority"). In the claim applications filed by the petitioners, orders of the Controlling Authority had directed the management to pay the gratuity amount of Rs.3,43,073/-along with simple interest at the rate of 10% per annum with effect from 13th July, 2012 till the date of actual payment in favour of Petitioner No.1 and Rs.3,96,761/- along with simple interest at the rate of 10% per annum with effect from 22nd January, 2013 in favour Petitioner No. 2 for delayed

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