STATE OF MADHYA PRADESH Vs. CHETRAM

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in this petition under Article 227 of the Constitution of India is to an order dated 15.5.2017 passed in Appeal under section 7(7) of the Payment of Gratuity Act 1972; whereby, the Appellate Authority has dismissed the Appeal filed beyond 120 days of the impugned order.

(3.) That on an application preferred by respondent under Section 7 of the 1972 Act read with Rule 10(1) of the Payment of Gratuity (Central) Rules, 1972, the Controlling Authority by order dated 30.6.2016 on a finding of his having total service of 43 years (43 years 4 months) and was drawing Rs. 5275/- as last wages and by multiplying the two with a factor of 15 and dividing the total by 26 held him entitled for Rs. 130860/- and subtracting Rs. 78923/- found him entitled for Rs. 51937/- and interest thereon from 1.2.2011 till the date of order Rs. 28128/- directed present petitioners to pay the amount of Rs. 80065/- within 30 days failing which the default interest of 2 % for month.