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2026 Supreme(MP) 5

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Cement Corporation Of India – Appellant
Versus
Shankar Das Bairagi – Respondent


Advocates Appeared:
For the Petitioner: Shri Amit Khatri, Adv.
For the Respondents: Shri Parma Nand Sahu and Shri Rambachan Sahu, Advs., Shri Sanjay Kumar Malvi, Adv.

ORDER :

VIVEK JAIN, J.

The present petitions are filed by the same employer against different employees involving same legal issue and therefore, they are being heard and decided by this common order. For the sake of convenience, facts shall be taken from M.P. 3996/2025.

2. The employees in all these cases except in M.P. No.3996/2025 were appointed in the year 1999, whereas the employee in M.P. No.3996/2025 was appointed on 01.02.1997. The employee in M.P. No.3996/2000 has retired on 30.11.2019, employee in M.P. No.3998/2025 has retired on 30.09.2021, employee in M.P. No.4001/2025 has retired on 01.01.2019 and that in M.P. No.4005/2025 has retired on 31.12.2018. All these employees filed applications before the Controlling Authority seeking gratuity in the year 2021 or 2022, which is admittedly 2 to 3 years after their retirement.

3. It is contended by learned counsel for the petitioner that the Controlling Authority as well as the Appellate Authority under Payment of Gratuity Act, 1972 (for short referred to as Act of 1972) have erred in passing the impugned orders and allowing the applications for payment of Gratuity filed by the respondent employees. It is argued that the impugned o

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