ORDER :

Shree Chandrashekhar, J.

I.A. No. 8138 of 2019

This application has been filed for condonation of delay of 54 days in filing the present appeal.

2. Having considered the statements made in the application, the delay of 54 days in filing the present appeal is condoned.

3. I.A. No. 8138 of 2019 is, accordingly, allowed.

L.P.A. No. 549 of 2019

4. The order passed by the Deputy Chief Labour Commissioner (Central) under the Payment of Gratuity Act, 1972 has been affirmed by the writ Court in WP(L) No.4265 of 2018.

5. While dismissing WP(L) No.4265 of 2018, the writ Court has made the following observations:

“7. ….....................................................................................

The controlling authority by putting reliance upon the judgment passed by the Hon’ble Apex Court in the case of D.S. Nakara and Vrs. Union of India, since the plea was taken by the petitioner that the other similarly situated employee has been extended the benefit of gratuity, has passed the order directing for making payment of gratuity.

It is the admitted case of the petitioner that he had performed his duty for a period of 153 days and as such it cannot be said that he has discharged, continuou