Delhi High Court - Orders
Edcil India Ltd vs Dr K L Sarkar on 29 August, 2024
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11910/2024 & CM APPL. 49535/2024
EDCIL INDIA LTD .....Petitioner
Through: Dr. B. Ramaswamy, Adv.
versus
DR K L SARKAR .....Respondent
Through: Mr. Bhagabati Prasad Pandey, Adv.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 29.08.2024 CM APPL. 49535/2024 [Seeking exemption from filing certified copies of the annexures]
1. Allowed, subject to all just exceptions.
2. The Application is disposed of.
W.P.(C) 11910/2024
3. The present Petition impugns an order dated 28.03.2024 passed by the Controlling Authority under the payment of Gratuity Act, 1972 [hereinafter referred to as the "Impugned Order"]. By the Impugned Order the Authority has directed the Petitioner to make payment in the sum of Rs. 5,88,468/- towards gratuity along with the simple interest at the rate of 10% per annum from 01.05.2020.
4. Learned Counsel for the Petitioner requests for an accommodation in view of the fact that the arguing Counsel is unwell today.
5. Learned Counsel for the Respondent who appears on advance service This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2024 at 23:04:04 although fairly does not oppose the request for adjournment, however, he submits that a mechanism of Appeal is available under Section 7(7) of the Payment of Gratuity Act, 1972 [hereinafter referred to as the "Act"]. He further submits that the Petitioner is required to deposit 100% of the gratuity amount in order to exercise his right to Appeal under the Act. Learned Counsel for the Respondent thus submits that the present Appeal is not maintainable.
6. List on 09.10.2024 in the Supplementary list.
7. The issue on maintainability shall be taken up on the next date of hearing.
8. In the meantime, learned Counsel for the parties shall file their respective written synopsis, not exceeding three pages each, along with the compilation of judgments, if any, relied upon at least one week before the next date of hearing.
8.1 All judgments sought to be relied upon shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.
TARA VITASTA GANJU, J AUGUST 29, 2024/SA Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/09/2024 at 23:04:04