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2021 Supreme(UK) 20

MANOJ KUMAR TIWARI
Canara Bank (Erstwhile Syndicate Bank) – Appellant
Versus
Babu Ram Kashyap – Respondent


Advocate Appeared:
For the Appellant :Mr. Siddhartha Sah & Mr. Sanjay Gaur, Advocates
For the Respondent:Mr. Shashank Upadhyaya, Advocate

JUDGMENT :

Heard learned counsel for the parties through video conferencing.

2. Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for sake of brevity facts of WPMS No. 797 of 2021 are being considered.

3. This writ petition has been filed challenging the order dated 05.02.2021 passed by Appellate Authority/Deputy Chief Labour Commissioner (Central), Dehradun under Section 7(7) of Payment of Gratuity Act, 1972. By the said order, petitioner’s appeal filed on 29.01.2021 against the order of Controlling Authority, has been dismissed on the ground of delay.

4. It transpires that respondent claimed gratuity by filing an application under the provisions of Payment of Gratuity Act. The said application was allowed and the Controlling Authority, vide order dated 28.02.2020, directed for payment of gratuity to the respondent. The order passed by the Controlling Authority was communicated to the petitioner on 03.07.2020.

5. Feeling aggrieved by the order passed by the Controlling Authority, petitioner filed an appeal under Section 7 (7) of the Act before the Appellate Autho

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