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2022 Supreme(Guj) 112

BIREN VAISHNAV
Amratbhai Shamalbhai Patel – Appellant
Versus
Bank of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Darshan M. Parikh

JUDGMENT :

1. SCA No.3569 of 2018 has been filed by Bank of Baroda, the employer challenging the orders of the Controlling Authority under the Payment of Gratuity Act, 1972 dated 3.5.2017 and the order of the appellate authority dated 27.12.2017 confirming the order of the Controlling Authority by which the Controlling Authority directed the petitioner - Bank to pay gratuity of Rs.10,00,000/- alongwith simple interest at 10% p.a. from the date of entitlement of gratuity to actual date of payment to the respondent employee.

2. SCA No.15055 of 2019 has been filed by the employee challenging the order of dismissal dated 12.2.2016 by which the employee petitioner was dismissed from the services of the Bank. He has also challenged the communication dated 23.6.2016 by which his application for compassionate allowance was rejected.

3. Since both the petitions, that of the employer Bank and that of the employee who challenged the order of dismissal are to be heard together and the facts are overlapping, they are considered as under:

3.1. The employee Shri Amrathbhai Patel was appointed as a Clerk with the Bank on 1.4.1978. He was thereafter promoted as Senior Manager and reached the age of sup

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