Chattisgarh High Court
Hazru Ram Halba vs State Of Chhattisgarh on 7 September, 2023
Neutral Citation
2023:CGHC:22465
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.441 of 2023
Hazru Ram Halba, S/o Shri Ram Singh, aged about 69 years, R/o
Village and Post - Gangrel, Ward No. 03, Tahsil and District -
Dhamtari, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary Water Resources
Department Mahanadi Bhawan Mantralaya, Atal Nagar Nawa Raipur,
Chhattisgarh
2. The Collector Dhamtari District - Dhamtari, Chhattisgarh
3. Executive Engineer Water Resources Department, Water
Management Division Rudri, Code No. 38, Tahsil and District
Dhamtari, Chhattisgarh
---- Respondents
_____________________________________________________________ For Petitioner : Mr. Hemant Kesharwani, Advocate.
For State : Mr. Ravi Bhagat, Dy. G.A. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 07/09/2023
1. Learned Counsel appearing for the Petitioner submits that the Petitioner was working as skilled labour under Respondent No.3 since 01.01.1997 and after attaining the age of superannuation, he was retired on 31.05.2015. A partial payment of the gratuity has been made and further payment was withheld. The Petitioner preferred a petition before the Court of Controlling Authority under Gratuity Act, 1972, in which order dated 06.10.2021 has been passed holding that the Petitioner is entitled to receive total amount of Rs.5,70,565/- with interest. The above mentioned order has not been challenged by Respondent No.3, subsequent to that, Recovery Revenue Certificate (RRC) under Section 8 of payment of Gratuity Act has also been issued. However, Respondent No.2 has not taken any action on the same. Hence, appropriate orders be passed.
2. Learned Counsel appearing for the State/Respondents opposes the Neutral Citation 2023:CGHC:22465 submission made by learned Counsel for the Petitioner.
3. I have heard learned counsel appearing for the parties.
4. After considering on the submissions, this petition is disposed of. There is no dispute that the Petitioner has given his services as skilled labour and after his retirement, complete payment of gratuity has not been made to him. The order passed by the Controlling Authority has attained finality and the Revenue Recovery Certificate is also pending before Respondent No.2. Hence, the petition is disposed of. Respondent No.2 is directed to expedite the proceedings on the Revenue Recovery Certificate and conclude the same, at the earliest, within a time limit of 45 days from the date of receipt of copy of this order.
Sd/-
(Arvind Singh Chandel) Judge Shubham