M. S. RAMESH
Manager, Century Plaza Commercial Complex Owners' Association, Chennai – Appellant
Versus
Joint Commissioner of Labour, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the 1st respondent order passed in PGA No.2 of 02014 confirming the order of 2nd respondent in P.G.No.19 of 2012 dated 28.11.2013 and quash the same.)
1. The third respondent herein, claims that he has been appointed as a Lift Operator by the petitioner Association and on 01.09.2003, he was promoted to the post of Supervisor. On the allegation that he had indulged himself in an unruly manner, he was dismissed from service on 17.02.2011. The third respondent on the other hand claims that he had been on the employment of the petitioner Association from the year 1990 onwards, based on which, he made an application under Rule 7(1) of 'The Payment of Gratuity Act, 1972' (hereinafter referred to as 'the Act'). The Authority had passed an order on 28.11.2013, computing the gratuity amount of Rs.90,865/-. By taking into account the third respondent's service as 21 years, his last drawn salary was determined as Rs.7,500/- per month and the amount was also subjected to interest @ 10% per annum. The appeal before the first respondent was rejected on 10.0
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