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2023 Supreme(Gau) 994

MANISH CHOUDHURY
Agricultural and Processed Food Products Exports Development Authority – Appellant
Versus
Union of India Ministry of Labour and Employment, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.R. Borooah.
For the Respondent: C.K.S. Baruah.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant writ petition under Article 226 of the Constitution of India is preferred to assail an Order dated 12.11.2012 passed in Application No. PG/48(01)/2012-G/A by the Assistant Labour Commissioner (Central), Ministry of Labour, Government of India, Guwahati as the Controlling Authority under the Payment of Gratuity Act, 1972. In the Order dated 12.11.2012 passed in Application no. PG/48(01)/2012-G/A, the Controlling Authority has held that the applicant therein i.e. the respondent no. 2 herein is entitled to get gratuity and by holding so, has directed the opposite party therein i.e. the writ petitioner herein to pay an amount of Rs. 68,250/- to the respondent no. 2-applicant as gratuity (Rs. 63,000/-) plus interest (Rs. 5,250/-) within a period of 30 (thirty) days from the date of receipt of the order/direction. Copies of the order/direction dated 12.11.2012 were forwarded to the parties by the office of the Assistant Labour Commissioner (Central), Guwahati vide a Communication bearing no. PG/48(01)/2012-G/A dated 14.11.2012.

2. The proceedings of Application No. PG/48(01)/2012-G/A was initiated by the Assistant Labour Commissioner (Central),

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