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Judgment
S.N. Aggarwal, J.
C.M. No. 9471/2009 (for exemption) in W.P.(C.) No. 10618/2009
Exemption as prayed for is granted subject to all just exceptions.
W.P.(C.) No. 10618/2009 and C.M. No. 9470/2009 (for stay)
The question raised for determination in this writ petition is covered by an earlier judgment of this Court dated 06.07.2009 in W.P.(C) No. 9052/2009 titled Municipal Corporation of Delhi v. Babu Lal wherein it was held that the Payment of Gratuity Act, 1972 is applicable to those employees who have retired from the service of the MCD prior to the date of exemption u/s 5 of the Payment of Gratuity Act, 1972 having been granted by the Central Government from applicability of this Act to the MCD vide Notification dated 22.07.2005 w.e.f. 06.08.2005.
2 This writ petition filed by the MCD (the petitioner herein) is directed against an order dated 26.03.2009 passed by the appellate authority confirming the order dated 19.09.2008 of the controlling authority under the Payment of Gratuity Act, 1972 directing the petitioner to pay an amount of Rs. 19,950/- with 10% simple interest being the amount of balance gratuity admissible to the respondent who admittedly had retired on reaching the age of superannuation on 31.12.2004 prior to the date when MCD was exempted from the provisions of the Payment of Gratuity Act, 1972.
3 In view of the above, I do not find any infirmity in the impugned order of the appellate authority or that of the controlling authority that may call for an interference by this Court in exercise of its extraordinary discretionary writ jurisdiction under Article 226 of the Constitution of India. This writ petition is devoid of any merit and is, therefore, dismissed in limine.
Stay application is also dismissed.