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A(PGA) No.557 of 2022 Exh.CW-1

Resumed on S. A.:
Further chief examination by Adv. Smt. Sonal Rane for opponent-

9. I do hereby on solemn affirmation state that the contents of

my evidence affidavit are true and correct. It bears my signature and I
admit the same.

Cross examination by Adv. Shri. R. P. Gajinkar for Applicant -

10. I am deposing in the court as a director of the company. I was

appointed as a director since beginning or since establishment. My name is
included in the memorandum of registration as per rules of Companies Act.
I can not state now whether applicant is working since 01/09/1998. It is
not true to say that applicant resigned on 11/02/2021 on the reason I was
not paying him salary on time. It is true to say that, applicant has filed
application before this court for his unpaid wages and other legal dues. It is
not true to say that I was not providing work to the applicant though he
was remaining present for the work. I had sent letter to the applicant to
come for work. I do not know whether I have filed the copy of said letter in
the court. Witness Volunteers that I am ready to produce it. I had not given
memo, charge-sheet or notice to the applicant. It is not true to say that I
am deposing false that applicant was not coming for work to avoid the
payment of gratuity for said period. I have not produced the document to
show that company is suffering from losses. It is true to say that the
number of workmen working in my company before lock down were 1300
to 1400. after lockdown the number of workman working are 500. we have
not decreased the number of workman so no question of permission of
government arise. It is not true to say that I am deposing false about the
financial losses hence I have not produced document about it. It is not true
top say that we have illegally withhold the gratuity of applicant of 2 year
period without holding any enquiry. It is not true to say that applicant is
entitled for the gratuity till 11/02/2021 but we have illegally withhold it. I
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have not deposited gratuity in the court. It is not true to say that there is
no relation in between gratuity and financial condition of company. It is
not true to say that the amount calculated by us i.e. 1,46,400/- is incorrect
and applicant is entitled for gratuity amount of Rs.1,61,040/-. It is not true
to say that I am deposing false today in the court.

Cross examination is completed.

No re-examination.
R.O.A.C.
Sd/-
( J. R. Raut)
Controlling Authority under
Payment of Gratuity Act & Judge,
Date : 01/11/2023 Tenth Labour Court, Mumbai.
kpm/-