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2000 Supreme(MP) 78

DIPAK MISRA
Western Coalfields Ltd. – Appellant
Versus
Controlling Authority – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: R. Menon, Adv.

JUDGMENT

Dipak Misra, J.

1. Invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India the petitioner has called in question the defensibility of the order dated October 20, 1995 passed in Appeal No. 8/95 by the Regional Labour Commissioner (Central), Jabalpur respondent No. 2 herein, and prayed for issue of a writ in the nature of certiorari for quashment of the same.

2. The facts as have been ascertained are that the respondent No. 3 filed an application under Section 7(3) of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') before the Controlling Authority under the Act, respondent No. 1 herein, claiming differential amount of gratuity. The said authority on consideration of the material on record and after appreciating the stand of the petitioner allowed the differential amount by order dated January 25, 1995. The said order has been brought on record as Annexure A-2. Being dissatisfied with the aforesaid order the petitioner preferred an appeal under Sub-section (7) of Section 7 of the Act before the appellate authority. As there was delay in presentation of appeal an application for condonation of delay was filed.











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