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2023 Supreme(Online)(JHK) 9839

HIGH COURT OF JHARKHAND
MR. JUSTICE SHREE CHANDRASHEKHAR, MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, JJ
HEAVY ENGINEERING CORPORATION LIMITED THROUGH THE ITS CHAIRMAN CUM MANAGING DIRECTOR – Appellant
Versus
THE UNION OF INDIA THROUGH DEPUTY CHIEF LABOUR COMMISSIONER CENTRAL – Respondent


ORDER

9 th October 2023 

Per, Shree Chandrashekhar, J.

Heavy Engineering Corporation Limited (in short, Corporation) has challenged the order dated 11 th November 2020 passed in W.P.(L) No. 5431 of 2019 by which a challenge laid by the Corporation to the order of the appellate authority under the Payment of Gratuity Act, 1972 has been dismissed.

2. The controlling authority under the Payment of Gratuity Act, 1972 by an order dated 22 nd September 2017 dismissed the application moved by the concerned worker seeking a direction upon the Corporation to make payment of gratuity for the period between 1 st November 1983 to 31 st March 2012. This is the case set up by the concerned worker that he worked as a Fitter under the Samiti for the aforesaid period and superannuated on 31 st March 2012. The controlling authority having recorded a finding that the concerned worker could not produce documentary evidence as regard his continuous service under the Corporation as envisaged under section 4 of the Payment of Gratuity Act dismissed the application submitted by the concerned worker in Form ‘N’ under Rule 10(1) of the Payment of Gratuity (Central) Rules, 1972.

3. The appellate authority under

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