LAWS(BOM)-2012-10-271

ANANTA VISHWANATHAN Vs. SHRI NARAYAN GURU HIGH SCHOOL

Decided On October 20, 2012
ANANTA VISHWANATHAN Appellant
V/S
Shri Narayan Guru High School Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties. The present Civil Application is placed before this Court for hearing pursuant to the administrative order passed by the Honourable the Chief Justice dated 28.8.2012.

(2.) This application is preferred by original respondent No. 1 in Writ Petition No. 9039 of 2007 for direction to the respondent Nos. 1 and 2 original petitioner Nos. 1 and 2 in writ petition to pay the outstanding amount of ' l,16,757/- to the applicant and the writ petition be dismissed as infructuous.

(3.) The applicant was working as an Assistant Teacher for the primary section from 12.6.1978 onwards and rendered continuous service on or upto 30.4.2001 for 23 years, till her retirement. As the respondent Nos. 1 and 2 failed to pay gratuity as demanded by the applicant, applicant filed application before the Controlling Authority under the Payment of Gratuity Act, 1972 and Deputy Commissioner of Labour, Mumbai claiming the gratuity amount from the respondent Nos. 1 and 2. The said application was decided by the Controlling Authority under the Payment of Gratuity Act, 1972 by its order dated 29.7.2003 holding that respondent Nos. 1 and 2 are liable to pay to the applicant the amount of gratuity of Rs. 1,45,497/ with simple interest of 10% p.a. from the date of retirement till realization of amount.