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Delhi High Court - Orders

Delhi Transport Corporation vs Sh Rajender Kumar on 6 March, 2023

Author: Rekha Palli

Bench: Rekha Palli

                              $~92
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    W.P.(C) 2770/2023
                                   DELHI TRANSPORT CORPORATION                 ..... Petitioner
                                                    Through: Ms. Aditi Gupta, Adv.

                                                      versus

                                   SH RAJENDER KUMAR                                  ..... Respondent
                                                Through:

                                   CORAM:
                                   HON'BLE MS. JUSTICE REKHA PALLI
                                                 ORDER

% 06.03.2023 CM APPL. 10674/2023 -Ex.

1. Exemption allowed. Subject to all just exceptions.

2. The application stands disposed of. W.P.(C) 2770/2023 & CM APPL. 10673/2023 -Stay.

3. The present petition preferred by the management seeks to assail the order dated 03.06.2022 passed by the Appellate Authority under the Payment of Gratuity Act, 1972. Vide the impugned order, learned Appellate Authority has rejected the petitioner's appeal against the order dated 22.06.2020 and 10.02.2021.

4. Learned counsel for the petitioner submits that both the learned Controlling Authority and learned Appellate Authority failed to appreciate that a further sum of Rs.1,25,046/- has already been paid to the respondent on 01.10.2018, therefore nothing further was payable to him.

Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:07.03.2023 16:50:01

5. Upon the petitioner taking steps, issue notice to respondent through all permissible modes. Counter affidavit be filed within six weeks. Rejoinder thereto, if any, be filed within four.

6. Subject to the petitioner depositing with the Registrar General of this Court, within six weeks, the entire amount in terms of the impugned order, the operation of the impugned order will remain stayed till the next date.

7. List on 21.09.2023.

REKHA PALLI, J MARCH 6, 2023 al Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:07.03.2023 16:50:01