THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY Vs. GURVINDER SINGH

JUDGEMENT

(1.) The jurisdication of this Court has been invoked by the petitioner under Article 226 and 227 of the Constitution of India challenging the order dated 27.05.2015 passed by the Assistant Labour Commissioner who is the Controlling Authority under The Payment of Gratuity Act , 1972 (in short "the Controlling Authority") in a Claim Petition No.ALC-I/36(457) of 2013 whereby the petitioner was directed to pay to the respondent a sum of Rs.1,01,538/- as balance gratuity along with interest @10% per annum from 03.02.2006 till the date of payment.

(2.) The brief facts of the case are that the Government of NCT of Delhi had referred a Reference No.F.24 (271) 1988-Lab/3987- 92 dated 24.02.1988 to the Labour Court-II, Karkardooma, Shahdara, Delhi in the following terms:-

(3.) The learned Presiding Officer, Labour Court-II (in short "?Industrial Adjudicator "?) adjudicated the reference by award dated 03.02.2006 and found services of the respondent were terminated by the petitioner illegally and/or unjustifiably and since the respondent was near the age of superannuation he was granted compensation of Rs.6 lakhs in lieu of reinstatement, back-wages, continuity of service and all other legal benefits and accordingly answered the reference.