ASSET MANAGER Vs. RAMIBEN S THAKORE

JUDGEMENT

(1.) The petition arises under the Payment of Gratuity Act, 1972 (for short the Act) under peculiar facts and circumstances where the employee went missing on 15/03/1992 and was presumed dead under the decree of the Court drawn on 06/02/2003 and the workman came to be dismissed on 20/07/1992 for his unauthorized absence after the show-cause notice dated 26/ 05/1992 and eventually this Court in SCA No. 12627 of 2003 quashed the dismissal on 22/09/2004.

(2.) The petition assails the order dated 18/01/2008 passed by the controlling Authority under the Act as confirmed by its appellate Authority on 20/10/2008. By the said orders, the gratuity was determined in the sum of Rs.4,25,045/- inclusive of interest. Against that, a sum of Rs.3,95,521/-was deposited with the controlling Authority and the rest is deposited with this Court.

(3.) Broad facts in short lie in narrow compass :-