REGISTRAR SHRI Vs. KARTIK DOLLARKUMAR KOTHARI

JUDGEMENT

(1.) Heard Mr. Pankaj R. Desai, learned counsel for the petitioner and Mr. Varun K. Patel, learned advocate for the respondents.

(2.) By way of this petition, the employer has challenged the orders of the Controlling Authority as well as the Appellate Authority by which the respondent has been held to be entitled to the amount of gratuity. At the time of issuing notice, order was passed that Mr. Desai, learned counsel has fairly conceded to the fact that in an identical petition being Special Civil Application No.17866 of 2021, the petitioner had in identical cases lost, inasmuch as, the orders of the authorities below stood confirmed. Even Letters Patent Appeal against the order of the Coordinate Bench was dismissed. However, in this case, the additional issue that is raised is that whether the respondent who resigned with effect from 25/10/2019 was entitled to interest from 25/10/2019 or from 31/12/2020, the date on which the form 'N' was filed.

(3.) Mr. Varun Patel, learned counsel for the respondent relied on the provisions of Sec. 7 of the Payment of Gratuity Act and press into service Ss. 7(2) , 7(3) and 7(3)(A) thereof.