Cement Corporation Of India Ltd vs Appellate Authority & Ors on 5 December, 2014

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Punjab-Haryana High Court

Cement Corporation Of India Ltd vs Appellate Authority & Ors on 5 December, 2014

Bench: Rajesh Bindal

                        IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH


                                                  Civil Writ Petition No.24973 of 2014 (O&M)
                                                         Date of Decision: 5th December, 2014


           Cement Corporation of India Ltd.
                                                                       .....Petitioner

                                            Versus

           Appellate Authority under the Payment of Gratuity Act 1972-cum-Regional
           Labour Commissioner, (Central) Kendriya Sadan, Chandigarh and others

                                                                       .....Respondents

           CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

           Present:            Mr. H.N. Mehtani, Advocate
                               for the petitioner.


           RAJESH BINDAL,J.

This order will dispose of a bunch of six petitions bearing CWP Nos.24973 to 24978 of 2014. However, the facts have been taken from CWP No.24973 of 2014.

In the writ petition filed by the petitioner, it is seeking quashing of order dated 26.05.2014 (Annexure P-6) whereby the appeal filed by the petitioner under the Payment of the Gratuity Act, 1972, has been dismissed as not maintainable as the amount of demand raised, had not been deposited by the petitioner.

Learned counsel for the petitioner has referred to the order dated 02.12.2014 passed by this Court in CWP No.24634 of 2014 titled as 'Cement Corporation of India Ltd. vs. The Appellate Authority and others', wherein while placing reliance upon the earlier order dated 28.01.2009 passed by this Court in CWP No.10569 of 2004 titled as 'Cement Corporation of India Ltd. vs. The Appellate Authority under the Payment of SONIA GUGNANI 2014.12.24 09:57 I attest to the accuracy and integrity of this document Civil Writ Petition No.24973 of 2014 (O&M) -2- Gratuity Act, 1972 and others' and after considering the financial status of the petitioner, the appeal of the petitioner was directed to be heard on merits subject to deposit of 50% of the amount as determined by the Controlling Authority.

Learned counsel for the petitioner has also referred to similar orders dated 03.12.2014 passed in CWP No.24758 of 2014 titled as 'Cement Corporation of India Ltd. vs. Appellate Authority and others' and CWP No.24759 of 2014 titled as 'Cement Corporation of India Ltd. vs. Appellate Authority and others'.

In the case in hand, the petitioner has not deposited any amount earlier. Hence, the petitioner is required to deposit 50% of the amount as determined by the Controlling Authority.

For the aforesaid reasons, while granting liberty to the petitioner to deposit 50% of the amount determined by the Controlling Authority within a period of three months from the date of receipt of the certified copy of this order, the impugned order dated 26.05.2014 (Annexure P-6) is set aside. The Controlling Authority shall decide the appeal of the petitioner within a period of two months from the date of deposit of amount by the petitioner.

The writ petitions stand disposed of accordingly.

(RAJESH BINDAL) JUDGE 05.12.2014 sonia g.

SONIA GUGNANI 2014.12.24 09:57 I attest to the accuracy and integrity of this document

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