LAWS(DLH)-2008-9-372

M C D Vs. PARVATI DEVI

Decided On September 04, 2008
M C D Appellant
V/S
PARVATI DEVI Respondents

JUDGEMENT

(1.) The present petition is covered by the decision of the Supreme Court in the case Municipal Corporation of Delhi vs. Dharam Prakash and Ors; (1998) 7SCC 221 and the decisions of this Court in Municipal Corporation of Delhi vs. Nand Kishore; 2003(102) DLT 518 as well as in WP(C) 9318/2007 entitled Municipal Corporation of Delhi vs. Smt. Sundra.

(2.) The Municipal Corporation of Delhi (herein after referred as "petitioner") assails the order dated 22nd May, 2008 of the Appellate Authority under the Payment of Gratuity Act, ("Appellate Authority"), whereby the appeal of the petitioner against the decision of the Controlling Authority, holding the respondent entitled for payment of balance amount of gratuity, was dismissed.

(3.) The respondent/Smt. Parvati Devi W/o Sh. Sher Singh Sharma was appointed by the petitioner on 3rd November, 1959 and retired on 31st May, 1997. The respondent filed an application for determination of gratuity payable to her and for a direction to the petitioner to pay the same. The application was allowed by the Controlling Authority under the Payment of Gratuity Act, 1972, vide an order dated 12th October, 2007, whereby the petitioner was directed to pay the respondent a sum of Rs. 19,701/- as balance gratuity with simple interest @ 10% per annum calculated w.e.f. 31st May, 1997 till the date of actual payment of the same.