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2021 Supreme(J&K) 421

SANJAY DHAR
Managing Director, J&K SIDCO – Appellant
Versus
J&K Industrial Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s): Mr. Sajad Ashraf, GA
For the Respondent(s):Mr. Shafqat Nazir, Advocate

JUDGMENT :

Sanjay Dhar, J.

1. Petitioners have challenged award dated 20.12.2017 passed by Industrial Tribunal Cum Labour Court, J&K, Srinagar, whereby respondent No.2 has been held entitled to an amount of Rs.7,12,028/ on account of gratuity and a direction has been issued to the petitioners to deposit the balance amount of Rs.4,62,028/ with the Tribunal for its disbursement and payment to the respondent No.2.

2. The facts emerging from the record are that respondent No.2 was an employee of the Jammu and Kashmir State Industrial Corporation (for short SIDCO) and he superannuated on 31st of May, 2006. He was granted six months extension and he finally retired on 30th November, 2006. Upon attaining the age of superannuation, respondent No.2 was paid gratuity in the amount of Rs.2.50 lacs by his employer i.e., petitioner Corporation. Besides this, he was also paid leave salary and other retiral benefits after his superannuation.

3. It appears that in the year 2012, respondent No.2 approached J&K Industrial Tribunal Cum Labour Court (hereinafter referred to as the Tribunal) by way of an application in terms of Section 33(c) of Industrial Disputes Act, 1947 read with Section 15 of Payment

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