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2021 Supreme(All) 1575

V.K.BIRLA
Baroda U. P. Bank Erstwhile Purvanchal Bank – Appellant
Versus
Chief Labour Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gyan Prakash Shrivastava and Ashok Khare
For the Respondent: A.S.G.I., Amrendra Pratap Singh and Rajesh Tripathi

JUDGMENT

V.K. Birla, J.

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Gyan Prakash, learned Counsel for the petitioners-Bank and Sri Amrendra Pratap Singh, learned Counsel for the respondent No. 3 and perused the record. Learned ASGI has accepted notice on behalf of respondents No. 1 and 2.

2. This bunch of petitions involves identical controversy and therefore, with consent of learned Counsel for the parties, the petition being Writ-C No. 2340 of 2021 is being taken up as the leading case.

3. The petition has been filed challenging the impugned order dated 31.1.2020 and Form (R) notice for payment of gratuity dated 5.2.2020 passed by the Assistant Labour Commissioner (Central)/Controlling Authority under the Payment of Gratuity Act, 1972 in Case No. A-48 (38) of 2018 (Shri Dilip Kumar Shukla v. The Chairman, Purvanchal Bank and another).

4. By the impugned order, the Controlling Authority (respondent No. 2 herein) under the Payment of Gratuity Act, 1972 (hereinafter referred to as the 'Act') allowed the claim/application filed by the contesting respondent No. 3 under Rule 10 (i) of the Act read with section 7(4) of the Act after condoning the delay in filing the said

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