Punjab-Haryana High Court
Cement Corporation Of India Ltd vs Appellate Authority & Ors on 2 December, 2014
Author: Mahesh Grover
Bench: Mahesh Grover
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.24634 of 2014
Date of Decision : 2.12.2014
Cement Corporation of India Ltd.
....Petitioner
Versus
The Appellate Authority and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present: Mr. H.N.Mehtani, Advocate
for the petitioner.
.....
MAHESH GROVER, J.
The petitioner claims parity of reasoning given in CWP No.10569 of 2004 where this Court after considering the financial status of the petitioner had permitted the hearing of the appeal within a time bound frame after directing the petitioner to deposit additional sum of 25% beyond 25% already which stood deposited as a prerequisite for hearing of the appeal, instead of the entire amount as mandated by the statute.
Since the petitioner is aggrieved of a similar order, I deem it appropriate to grant the similar relief to the petitioner and mandate the Appellate Authority to hear and decide the appeal on merits but subject to the condition that the petitioner deposits 50% of the amount as determined by the Controlling Authority DALJIT SINGH 2014.12.02 16:01 I attest to the accuracy and integrity of this document CWP No.24634 of 2014 -2- within a period of three months from the date of receipt of a certified copy of the order before the Appellate Authority. The appeal shall be decided within a period of two months of the deposit. As a consequence the order Annexure P-6 would be set aside.
This petition is disposed of at this stage without issuance of notice of motion to the other side as resorting to this process would have delayed the process further. The issue is of determination of the amount under the Payment of Gratuity Act, and therefore would have a cascading effect on the rights of the employees if the petition is permitted to linger on. Thus, in the interest of the employees the Court has adopted this procedure so as to expedite the disposal and determination of the lis.
2.12.2014 (MAHESH GROVER)
dss JUDGE
DALJIT SINGH
2014.12.02 16:01
I attest to the accuracy and
integrity of this document