HIGH COURT OF MADHYA PRADESH
M.T.I. Logistic Tech Pvt. Ltd. – Appellant
Versus
Ramkumar Gupta – Respondent
The petitioner-employer is aggrieved by order dated 07.06.2016
(Annexure P/6) passed by the Appellate authority under the Payment of
Gratuity Act, 1972 and Deputy Chief Labour Commissioner (Central),
Jabalpur, in case No.PGA-12/2016, whereby, the appeal preferred by the
employer under Section 7(7) of the Payment of Gratuity Act, 1972
(hereinafter referred to as “The PG Act, 1972), has been dismissed on the
ground of delay.
2
2.
The employee-respondent approached the Controlling Authority
under the PG Act, 1972 vide application dated 17.12.2009 under sub-Rule
(1) of Rule 10 of the Payment of Gratuity (Central) Rules, 1972 (hereinafter
referred to as “The PG Rules, 1972) for issuance of appropriate directions
for the payment of gratuity.
3.
The case of the employee was that he was working with the
employer-petitioner as Clerk and had discharged his services from the year
1976 to October, 2009. Since the admissible payment under the provisions
of the PG Act, 1972 and the rules made thereunder were not made to the
employee, hence, the Controlling Authority vide order dated 03.01.2011,
directed the employer to pay the amount of gratuity of Rs.74,250/- as per last
drawn salary o
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