Heard Mr.Adil R. Mirza, learned advocate for the petitioner. It is submitted by him that by the impugned order dated 27.02.2012, the petitioner has been directed to pay Rs.42,618/- as gratuity with interest at the rate of 10% with effect from 01.05.2010. The said order of the Appellate Authority has been passed, ignoring the factual and legal position, inasmuch as respondent No.1 had not completed 240 days in the preceding five years of service, as per the provisions of Section 2A(2) of the Payment of Gratuity Act, 1972.
Issue Notice, returnable on 06.08.2012.
By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned order dated 27.02.2012, passed by the Appellate Authority, in Appeal No.78 of 2011, shall remain stayed, till then.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top