ENGINEER Vs. RAJA RAM

JUDGEMENT

(1.) Heard.

(2.) This petition under Article 226 of the Constitution of India is directed against the order dated 25-10-2010 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 -cum-Regional Labour Commissioner (Central) Jabalpur, whereby an appeal preferred by respondent No. 1 has been allowed and the workman has been held entitled for further gratuity of Rs. 43742/-.

(3.) Facts briefly are that, the respondent No. 1 retired from service of the petitioner/Western Coalfields Ltd. on 30-07- 2009. After his retirement he filed an application for grant of gratuity under the Payment of Gratuity Act, 1972, whereon an amount of Rs. 4,29,479/- was paid to him treating him to be in service from 20-07-1976. The respondent No. 1 being aggrieved, preferred a claim before the Controlling Authority for determination of proper gratuity on the basis that his appointment ought to be treated from 01- 01-1974 and not from 20- 02-1976. The Controlling Authority vide order dated 15- 03-2010 rejected the application holding that no cogent material is brought on record as would have led to determination that respondent No. 1 entered into employment on 01-01- 1974.