Hon'ble Mrs. Sangeeta Chandra,J.

1. Writ Petition No. 40214 of 2013 has been filed by the M/s British India Corporation Ltd., the employer against the order dated 28.02.2013 passed by the Appellate Authority under the Payment of Gratuity Act, 1972/Regional Labour Commissioner (Central), (herein-after referred to as "respondent No. 3") in favour of the Brahma Prakash Shukla, (herein-after referred to as "the employee") and the recovery order dated 05.03.2013.

2. The case set up by the petitioner is that the employee was engaged as Supervisor in the Company since 1969 and he retired on 14.12.2007. Against the notice issued to him for his superannuation the employee filed Writ Petition No. 60393 of 2007 challenging his age of superannuation and due to pendency of the said writ petition, the employee avoided receiving gratuity and avoided handing over the charge to the Company.

3. On 03.05.2010, respondent No. 4 filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972 claiming an amount of Rs. 1,64,461/- (Rupees One lac sixty four thousand four hundred sixty one) along with interest and even though the petitioner filed its objections to t