W.P.(C.) No. 6209 of 2008 · Delhi High Court

to be disposed of by this comnnon order because they all a comnrion question determination whether the employees of the MCD who had retired prior to 22.07.2005 are entitled for gratu ity under the Payment of Gratuity Act, 1972 or not. The Controlling Authority as well as the Appellate Authority in their separate orders passed against ,each of the employees involved in these writ petitionshas held that the employeesof MCD who had retired prior to 22.07.2005 are entitled for gratuity under the Payment of Gratuity Act, 1972 because the MCD was granted exemption from applicabilityof the provisions of the Payment of Gratuity Act, 1972 vide notification -dated 22.07.2005 w.e.f.

06.08.2005. This Court has already confirmed the decision of the ControllingAuthorityas well as of the AppellateAuthority under the Payment of Gratuity Act, 1972 vide its order dated 06.07.2009 in W.P.(C.) No. 9052/2009. The question involved in these writ i Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. petitions is squarely covered by the judgnnentof this Court in the afore-mentioned case. M In that view of the matter, I do pot find any infirmity or perversity in the orders of the Controlling Authority or of the :erference by this Court in AppellateAuthoritythat may call for an in 1 exercise of its extraordinary discretiona "y writ jurisdiction under Article 226 of the Constitution of India. These writ petitions, therefore, fail and are hereby dismissed. Needlessto say that any miscellaneDusapplicationpending in any of these writ petitions stand dispos ed of as having become I infructuous. Acopy of this order be kept in the fi les of all the writ petitions which have been disposed of by this common order. AUGUST 28, 2009 •bsr' S.N.AGGARWAL, J