KHAJA EDUCATION SOCIETY Vs. ABDUL BAQI AND ORS.

JUDGEMENT

(1.) The petitioner is before this Court assialing the order dated 17.05.2010 impugned at Annexure-D to the petition.

(2.) The first respondent claiming that the petitioner had not paid him the gratuity amount, had approached the Controlling Authority under the provisions of the Payment of Gratuity Act. The Controlling Authority by the order dated 13.01.2006 had rejected the claim of the first respondent herein. The first respondent claiming to be aggrieved by the same was before the Appellate Authority in the appeal bearing No.CR-02/10/11. The Appellate Authority by the order dated 17.05.2015 has directed that the petitioner pay to the first respondent a sum of Rs.1,10,100/- with interest thereon. The petitioner claiming to be aggrieved by the same is before this Court.

(3.) Though initially the contention had been raised by the petitioner that the first respondent does not answer the definition of workman, the same does not arise for consideration at this juncture as the said position is conceded. The only question for consideration is with regard to the quantum of the amount as has been ordered by the Appellate Authority. While arriving at the conclusion that the first respondent is entitled to the payment of gratuity, for the purpose of calculation the Appellate Authority has reckoned the monthly salary of the first respondent at Rs.11,006/-.