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2022 Supreme(Raj) 157

AKIL KURESHI, MADAN GOPAL VYAS
Rajasthan Marudhara Gamin Bank, Through Its Chairman – Appellant
Versus
Appellate Authority Under Payment Of Gratuity Act 1972, And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Bhavit Sharma, Advocate.
For the Respondents: Satya Prakash Sharma and Mukesh Rajpurohit, ASG.

JUDGMENT :

Applications for dispensing with filing of certified copy of the impugned judgment:

1. Since the certified copy of the impugned common judgment is in the main matter, production of such certified copy in these appeals is dispensed with.

2. The applications are disposed of.

Special Appeals (Writ):

3. These appeals arising out of a common background.

4. Learned counsel for the appellant-Bank pointed out that the controversy is covered by the Division Bench judgment dated 05.01.2022 in the case of Rajasthan Marudhara Gramin Bank Jodhpur v. The Appellate Authority Under Payment of Gratuity Act, 1972 and others (D.B. Special Appeal (Writ) No. 561/2020, decided on 05.01.2022). We notice that the said judgment the Division Bench had held and observed as under:

    "23. It can thus be seen that there is a clear divide between the judicial opinions across the country. We would have due regard to the different view points, analysis and interpretations adopted by different Courts in the process of taking our own view in the matter. A brief comparison of the computation provisions under the Act of 1972 and the regulations would show that under the Act of 1972, the gratuity is payable at the ra

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