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2022 Supreme(Raj) 274

AKIL KURESHI, RAMESHWAR VYAS
Rajasthan Marudhara Gramin Bank – Appellant
Versus
Appellate Authority Under Payment of Gratuity Act 1972 and The Deputy Chief Labour Commissioner (Central), Ajmer (Raj. ) – Respondent


Advocate Appeared:
For the Appellant :R.N. Mathur, Sr. Adv. assisted by Bhavit Sharma, Advocate.
For the Respondent:S.P. Sharma, Mukesh Singh Rajpurohit, ASG, Narpat Singh, Om Singh and Prakash Choudhary, Advocates.

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. These appeals are filed by the Rajasthan Marudhara Gramin Bank to challenge the common judgment of the learned Single Judge dated 16.10.2020 passed in S.B. Civil Writ Petition No. 7359/2019 and other connected petitions. The Special Appeal (Writ) No. 503/2020 is treated as the lead appeal. We would be referring to the documents on record in the said appeal.

2. The writ petition was filed by the bank challenging an order dated 20.07.2020 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter to be referred to as the 'Act of 1972') partly confirming the order dated 28.03.2018 passed by the Controlling Authority under the Act of 1972. The petitioner bank is a Gramin Bank operating in the State of Rajasthan. The respondent Kheem Singh Rathore was an officer of the bank. He retired on superannuation w.e.f. 30.09.2016. At the time of his retirement, the bank had paid him gratuity of Rs. 10,30,319/-. He later on approached the Controlling Authority and disputed the amount of gratuity paid to him by the employer bank. His grievance was that while calculating the gratuity, the bank had not taken into account the dearnes

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