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2011 Supreme(MP) 500

S.YADAV
W. C. I – Appellant
Versus
Gyanwati – Respondent


Advocates Appeared:
Anoop Nair, Sharad Punj, S.K.Dubey

JUDGMENT

( 1. ) Heard.

( 2. ) Since the respondents have entered appearance by way of caveat, the matter is Heard finally with consent of learned Counsel for the parties.

Petition is directed against the order dated 20-5-2010 and 23-3-2011 respectively passed by the Controlling Authority and the Appellate Authority under Payment of Gratuity Act, 1972 (hereinafter to be referred to as 'Act of 1972').

( 3. ) Facts giving rise for a dispute before the authorities concern, briefly are that, late husband of respondent No. 1 after his retirement from the services of the petitioner on attaining the age of superannuation since was deprived of the gratuity of Rs. 2,97,076/- approached the Controlling Authority under the Act of 1972 claiming that the amount has been withheld without any authority.

( 4. ) On being noticed respondents protested the release of gratuity on the plea that the workman on his retirement has not obtained NOC from various department nor had vacated the quarter which was allotted to him when he was in service The Controlling Authority after considering, issued direction to the petitioner management on 20-5-2009 to pay an amount of Rs. 2,97,076/- towards gratuity amount































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