Admin.C/M Pradeshik Cooperative ... vs Smt. Vishnu K. Mishra & Ors.
2021 Latest Caselaw 3590 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 149 of 2021
 

 
Appellant :- Admin.C/M Pradeshik Cooperative Dairy Fed.L.Thru Admin.& Ors
 
Respondent :- Smt. Vishnu K. Mishra & Ors.
 
Counsel for Appellant :- Lalit Shukla
 
Counsel for Respondent :- Sudeep Kumar
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Siddhartha Varma,J.

This appeal is barred by limitation from 51 days. Ignoring the same, we have looked into merits of the case.

Learned Single Bench by the judgment impugned has directed the appellant to make payment of gratuity to the respondent-petitioner within a period of eight weeks from the date a copy of the order be served upon the appellant. There is no dispute about liability of making payment of gratuity upon the appellant.

It is well settled that the gratuity cannot be denied to an employee merely on the count that the employer is facing certain losses, as such, no interference is warranted.

The appeal is dismissed.

Order Date :- 15.3.2021

Shubham

.

(Siddhartha Varma, J.) (Govind Mathur, C.J.)