Neutral Citation No. - 2025:AHC-LKO:49541 Court No. - 6 Case :- WRIT - C No. - 1000484 of 2015 Petitioner :- U.P. Rajkiya Nirman Nigam Ltd. Lko Thru Financial Advisor Respondent :- Daya Shanker Singh And 2 Others Counsel for Petitioner :- Shishir Jain Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and perused the material brought on record. No one is present for the respondent despite service of notice. 2. The present petition has been filed by the petitioner challenging the order dated 15.05.2013 passed by the prescribed authority under the Payment of Gratuity Act, as well as the order dated 07.10.2014, whereby the appeal was dismissed. 3. The contention of counsel for the petitioner in brief is that, the respondent was under the employment of the petitioner w.e.f. 1986 and after his superannuation, the gratuity was paid. After accepting the gratuity, he instituted proceedings alleging that he was in the employment since 1980, based upon a certificate issued. The said plea was contested by the petitioner by arguing that the petitioner was working through private contractor and was not in the rules of the petitioner's corporation. Without considering these facts, the order impugned came to be passed directing the payment of Rs. 56,492/- as gratuity. 4. Considering the fact that the material to suggest that the respondent was in the employment of the petitioner w.e.f. 01.03.1980, simply based upon the certificate of experience issued on 03.03.2000, which itself is without any authority of law, both the orders cannot be sustained and the same are set- aside/quashed. 5. The petition is, accordingly, allowed. 6. The amount deposited by the petitioner shall be released on moving an appropriate application. Order Date :- 22.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench