Orissa High Court
Aska Co-Operative Central Bank Ltd vs Dandapani Patra & Others on 23 July, 2020
Author: S.Pujahari
Bench: S.Pujahari
CORAM :- HON'BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.16233 of 2020
Aska Co-operative Central Bank Ltd.
........ Petitioner
-Versus-
Dandapani Patra & others.
........ Opp.parties
ORDER
02. 23.07.2020 In the wake of the Pandemic Covid-19, the case is taken up through Video Conferencing.
Heard the learned counsel for the petitioner. The petitioner has filed this writ petition to quash the impugned order / judgment dated 30.12.2019 passed by the Controlling Authority under Payment of Gratuity Act-cum-Divisional Labour Commissioner, Berhampur in P.G. Case No.1 of 2018, directing payment of the gratuity amount along with interest to the opposite party no.1 as the same is illegal and erroneous and the petitioner's appeal filed against the said judgment before the opposite party no.3 is not taken up for disturbance in the normal functioningof 2 the Court / Office of opposite party no.3 due to spread of Pandemic Covid-19.
According to the petitioner, unless the writ petition is entertained, notwithstanding the pendency of the appeal and the interim order is passed therein, the amount deposited by the petitioner-Bank before the opposite party no.2 is going to be disbursed and the appeal preferred against the impugned order is going to be infructuous. Therefore, due to the aforesaid extraordinary circumstances, notwithstanding the pendency of the appeal, this Court may admit this writ petition, issue notice to the opposite parties to show- cause and also call for the records and after hearing the parties and going through the records, set-aside the impugned order at Annexure-1.
However, considering the fact that the aforesaid relates to payment of the gratuity and the grievance of the petitioner-Bank that the impugned judgment is erroneous because the petitioner-Bank is entitled to recover of certain amount from the opposite party no.1 which has not been taken note of and the appeal preferred by it being not taken up due to the 3 disturbances in the normal functioning of the Court/Office due to the spread of Covid-19, this Court dispose of this writ petition with a direction to the opposite party no.2 that after the amount deposited before it by the petitioner-Bank as per the order under Annexure-1, an amount of Rs.84,505 (rupees eighty- four thousand five hundred five) need not be disbursed in favour of the opposite party no.1, but rest of the amount be disbursed to him pending any order in this regard to be passed by the Appellate Authority, the opposite party no.3 in P.G. Appeal No.4 of 2020.
As lock-down period is continuing for COVID- 19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587 dated 25.03.2020.
.....................
S.Pujahari, J.
MRS 4