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2024 Supreme(Online)(Kar) 38285

KARNATAKA HIGH COURT
K R GANESH RAO – Appellant
Versus
THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER – Respondent


O R D E R

The petitioner is seeking to challenge the legality and correctness of the order dated 23.08.2021 passed by the Appellate Authority and order dated 26.09.2019 passed by the Controlling Authority, whereby, the application filed by the petitioner under Section 7(4) of the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the PG Act, 1972’ for short) read with Sub-Rule 1 of Rule 10 of the Payment of Gratuity (Central) Rules, 1972 was rejected.

2. Heard Sri Ganesh Rao, petitioner-party-in-person, Sri Syed Kashif Ali, learned counsel for Sri Pradeep S. Sawkar, learned counsel for respondent No.1 and learned DSGI for respondent No.2.

3. Petitioner joined the service of the respondent-

Bank and retired from services of the respondent-Bank on attaining the age of superannuation on 29.02.2012, after completing 38 years 11 months and 24 days of continuous service. The grievance of the petitioner is that the petitioner though was paid terminal benefits on superannuation, however, the gratuity payable to the petitioner was not properly reckoned as the respondent-Bank has not paid the gratuity under the Beneficial Scheme of Gratuity out of three schemes of Gratuity, namely, a) t

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