UNIVERSITY OF DELHI Vs. SUMAN KAPOOR AND ORS

JUDGEMENT

(1.) The petitioner has assailed order dated 30.09.2013 passed by the Controlling Authority under Payment of Gratuity Act, 1972 whereby it was held that respondent No.1 herein is entitled to receive a sum of Rs.2,96,370/-(Rupees two lakhs ninety six thousand three hundred and seventy) after deducting a sum of Rs.7,03,630/- (Rupees seven lakhs three thousand six hundred and thirty) already received from the amount determined, towards the balance amount of gratuity along with simple interest at the rate of 10% per annum as per Section 7 (3-A) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the Act) and order dated 30.06.2014 passed by the Appellate Authority under the Act in Appeal No. ND.36(5)/2014-P.A. whereby the appeal filed by the petitioner under Section 7(7) of the Act was dismissed.

(2.) Mr.Apoorv Kurup, Advocate on behalf of respondent No.4 and Mr.Ajay Digpaul, Advocate on behalf of respondent Nos.5 and 6 enter appearance on advance notice.

(3.) Succinctly stating the facts of the case as borne out from the petition are that the petitioner is a Central University which came into existence by virtue of Delhi University Act, 1922. The said Act has specific provisions under the Statute 28-A for payment of gratuity to its employees. Respondent No.5 i.e. University Grants Commission (UGC) with the approval of respondent No.6 i.e. Ministry of HRD introduced the provisions of payment of gratuity to the employees of Delhi University through Central Universities Retirement Benefit Rules, 1967. The employees of the petitioner are governed by the said provisions under its Statute 28-A for payment of gratuity and accordingly the employees of the petitioner are being paid gratuity as per the same along with the Rules as aforesaid read with CCS Pension Rules.