RUKHSAR AHMED Vs. MASHKUR KHAN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed against the order dtd. 29/4/2022 passed by the Appellate Authority under the Gratuity Payment Act, 1972, whereby the petitioner's appeal No.3/2021 has been dismissed and affirmed the order dtd. 20/12/2019 passed by the Controlling Authority under the Gratuity Payment Act Karauli (hereafter 'the Authority') whereby and whereunder the petitioner was to pay Rs.71,388.00 to respondent along with simple interest from 8/2/2013.

(2.) Brief facts of the case are that the respondent filed an application before the authority claiming that he worked in employment of petitioner from 1/3/1989 to 1/11/2011 for about 23 years for monthly salary of Rs.5380.00 and therefore filed the application claiming gratuity Rs.62,100.00 along with interest. On service, the petitioner filed reply and submitted that the respondent was not his regular employee, and since he was a part time employee he was not entitled to any gratuity. The Authority after framing issues considered affidavit of respondent and documents Ex.4 to Ex.11, which were details of PF account for certain years, Ex.12 and 13 the Identity card of respondent and finding that the petitioner did not file any affidavit nor cross examined the respondent, came to the conclusion vide order dtd. 20/12/2019, that respondent had worked for 23 years and held the respondent entitled to get gratuity Rs.71,388.00 with simple interest from 8/2/2013. The amount of gratuity was to be paid within thirty days, failing which the amount was to carry compound interest.

(3.) Being aggrieved with the order dtd. 20/12/2019, the petitioner filed an appeal before the Appellate Authority, which has finding no force in the appeal dismissed the appeal filed by the petitioner. Hence this writ petition.