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1993 Supreme(All) 94

D.S.SINHA
SAHKARI GANNA VIKAS SAMITI LTD. – Appellant
Versus
CONTROLLING AUTHORITY UNDER PAYMENT OF WAGES ACT – Respondent


Advocates Appeared:
H.S.N.TRIPATHI, Shashi Nandan

D. S. SINHA, J.

( 1 ) HEARD Sri Shashi Nandan, learned counsel appearing for M/s. Sahkari Ganna Vikas Samiti ltd. , Baitalpur, Deoria, the petitioner, and Sri. H. S. N. Tripathi, learned counsel representing the contesting respondent No. 3 in each writ petition, at length and in detail.

( 2 ) EXERCISING powers under Sub-section (4) of Section 7 of the Payment of Gratuity Act, 1972 (hereinafter called the Act) the Controlling Authority passed orders dated March 30, 1988 directing the petitioning Samiti to pay certain amount to the contesting respondent No. 3 by way of gratuity. Aggrieved by the orders of the Controlling Authority Samiti has preferred appeals under Sub-section (7) of Section 7 of the Act before the Appellate Authority. Noticing non-compliance of the provisions of the second proviso to Sub-section (7) of Section 7 of the act, the Appellate Authority passed orders dated February 13, 1989 holding the appeals of the samiti to be not in accordance with law and directing the appeals to be consigned. The orders of the Appellate Authority are under challenge in these writ petitions under Article 226 of the constitution of India.

( 3 ) SUB-SECTION (7) of Section 7 of the Act







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