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Delhi High Court - Orders

Edcil India Limited vs Shri Saurabh Saxena on 10 November, 2023

                            $~12
                            *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +         W.P.(C) 14748/2023
                                      EDCIL INDIA LIMITED                                                                  ..... Petitioner
                                                                           Through:                 Dr. B. Ramaswamy, Sr. Standing
                                                                                                    Counsel for EDCIL with Mr. Santosh
                                                                                                    Kumar, Adv.

                                                                           versus

                                      SHRI SAURABH SAXENA                                                                  ..... Respondent
                                                                           Through:                 None

                                      CORAM:
                                      HON'BLE MR. JUSTICE ANISH DAYAL
                                                         ORDER

% 10.11.2023

1. The present petition has been filed by the petitioner impugning order dated 8th August, 2023 passed by the Ld. Appellate Authority under the Payment of Gratuity Act, 1972. The appeal was preferred by the petitioner under section 7 (7) of the Gratuity Act, 1972 against order dated 9th May, 2023 passed by the Ld. Controlling Authority on the claim application filed by the respondent. The impugned order dismisses the appeal since compliance under section 7 (7) proviso of deposit of amount had not been made by the petitioner.

2. Learned counsel for the petitioner states that they are willing to comply with the said provisions and therefore, their appeal may be heard by the Ld. Appellate Authority.

3. The petition is accordingly disposed of, setting aside the impugned order, with direction that the Ld. Appellate Authority hear the appeal of the petitioner upon their complying with the order of deposit under section 7 (7) provisions as well as other applicable rules / provisions under the Act.

4. The petition stands disposed of in above terms.

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 16/11/2023 at 22:06:29

5. Pending applications, if any, are disposed of as infructuous.

6. Order be uploaded on the website of this Court.

ANISH DAYAL, J NOVEMBER 10, 2023/sm 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 16/11/2023 at 22:06:29