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Chattisgarh High Court

D. N. Singh vs Prabhakar Mudouli 22 Wa/245/2017 ... on 3 January, 2019

Bench: Ajay Kumar Tripathi, Parth Prateem Sahu

                                                                                            NAFR
                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                         CONT No. 1268 of 2018
             • D. N. Singh S/o Guru Prasad Singh, aged about 61 years, Ex-Overman, R/o Qtr.
               No. B-3, Ompur Colony, Rajgamar Colliery, Korba, District- Korba, Chhattisgarh
                                                                                   ---- Petitioner
                                                 Versus
             1. Prabhakar Mudouli Sub Area Manager, South Eastern Coalfields Limited, Korba
                Area Rajgamar Collery, Korba, District- Korba, Chhattisgarh.
             2. D.K. Malik Controlling Authority, Under The Payment Of Gratutity Act 1972,
                Regional Labour Commissioner, Central, Bilaspur, Chhattisgarh.
             3. P.S. Khan Appellate Authority, Under The Payment Of Gratuity Act 1972 And
                The Deputy Chief Labour Commissioner (Central), Raipur, District- Raipur,
                Chhattisgarh
                                                                               ---- Respondents

_____________________________________________________________________ For Petitioner : Shri Yogesh Chandra, Advocate For Respondent No.1 : Shri Vivek Ranjan Tiwari, Advocate For Respondent No.2 & 3 : Shri B. Gopa Kumar, Advocate _____________________________________________________________________ Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per, Ajay Kumar Tripathi, Chief Justice 03.01.2019

1. This contempt application stands dismissed for the simple reason that the deposits have been already made by the contemnors before the Deputy Chief Labour Commissioner (Central). Now, it is for the Petitioner to do the needful to withdraw the same.

2. If the Petitioner has not handed over the official accommodation to the Respondents, he will be forcefully evicted within 15 days from today irrespective of the settlement and payment which the Court is of the opinion is being used as a ploy to illegally remain in possession of the official accommodation despite him having superannuated years ago.

2

3. If the Petitioner does not vacate the accommodation within 15 days in terms of today's order, a contempt will be initiated against him.

                      Sd/-                                                  Sd/-
               (Ajay Kumar Tripathi)                              (Parth Prateem Sahu)
                   Chief Justice                                          Judge


Chandra