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2018 Supreme(P&H) 3777

SHEKHER DHAWAN
Punjab State Civil Supplies Corporation Limited And Another – Appellant
Versus
Appellate Authority Under Payment Of Gratuity Act And Others – Respondent


Advocates Appeared:
Tarun Singla, Adv., Sumer Singh Brar, Adv., Suman Devi Saxena, Adv., Deepali Puri, Adv., Anil Kumar Sharma, Adv., Deepak Sabharwal, Adv., Ritam Aggarwal, Adv., Padam Kant Dwivedi, Adv., S.M. Goyal, Adv., S.S. Grewal, Adv., Padamkant Dwivedi, Adv., Anurag Chopra, Adv., Paramdeep, Adv., Gaurav Chopra, Adv.

JUDGMENT

Shekher Dhawan, J. - In the above titled bunch of writ petitions (at Sr. No. 1 to 17) filed by Punjab State Civil Supplies Corporation Limited (for short, "the petitioner-Corporation") and two writ petitions bearing CWP Nos. CWP No.7164-2016 and CWP No.8054-2016 (Sr. No. 18 and 19) filed by the retired employees under Articles 226/227 of the Constitution of India, the moot question involved is - Whether a retiree is entitled to the payment of gratuity, if he had caused any pecuniary loss to the employer and some disciplinary proceedings were initiated against him before the date of his retirement? Therefore, with the consent of the parties, all these writ petitions have been taken up together and are being disposed of by this common order. For facility of reference, facts are being taken from CWP No.7280 of 2016, Punjab State Civil Supplies Corporation Ltd. Vs. The Appellate Authority under Payment of Gratuity Act and Others.

2. Punsup - petitioner-Corporation has challenged the order dated 23.10.2015 (Annexure P/3) and order dated 23.04.2014 (Annexure P/2) passed by Appellate Authority (respondent No.1) and Controlling Authority (Respondent No.2) under the Payment of Gratu

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