Executive Director v. Controlling Authority under the Payment Gratuity Act 1972

Andhra Pradesh HC1 May 2025WP/14063/2016

Case brief

AI extract

What is this about?

BHEL BHPV Visakhapatnam gratuity writ batch dismissed as withdrawn; Controlling Authority under Payment of Gratuity Act 1972 and Regional Labour Commissioner (Central); revised/differential gratuity to retired employees; Gratuity Applications of 2014; Article 226 certiorari; Section 151 CPC suspension applications; interim order requiring one-third of awarded amount; 53 ex-employees paid during 2016-2018; memo USR No.49710 of 2025 dated 02.05.2025; Justice Maheswara Rao Kuncheam; High Court of Andhra Pradesh at Amaravati; decision dated 02/05/2025; no order as to costs; no merits decision; no cases cited.

What did the court decide?

Writ petitions dismissed as withdrawn at the request of the petitioner company, with no order as to costs; pending applications, if any, stood closed. ¶¶534

Executive Director Vs Controlling Authority… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petitions dismissed as withdrawn at the request of the petitioner company, with no order as to costs; pending applications, if any, stood closed.

¶¶534

Issue for consideration

Whether the orders passed by the Controlling Authority under the Payment of Gratuity Act, 1972 directing the petitioner company to pay revised/differential gratuity amounts to its retired employees were liable to be quashed by writ of certiorari under Article 226 of the Constitution of India.

¶¶525

Ratio / Principle

Recording the submission of the learned Standing Counsel for the petitioner company that it had released the revised/differential gratuity amounts and did not wish to pursue the writ petitions, the Court dismissed the entire batch of writ petitions as withdrawn.

¶¶534

Key takeaways

No order as to costs was made on the dismissal of the writ petitions as withdrawn.ratio¶¶535
As a sequel, pending applications, if any, were directed to stand closed.ratio¶¶536

Detailed headnote1 paragraphs

Common order of the High Court of Andhra Pradesh at Amaravati (Hon'ble Sri Justice Maheswara Rao Kuncheam), dated 02.05.2025, disposing of twenty-two writ petitions of 2016 (W.P. Nos. 10073, 10076, 10153, 14043, 14060, 14063, 14101, 14140, 14144, 14148, 14150, 14153, 14168, 14181, 14303, 14314, 14316, 10101, 10212, 14087, 14135 and 14405 of 2016) filed by the Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV), Visakhapatnam, challenging orders of the Controlling Authority under the Payment of Gratuity Act, 1972 & Regional Labour Commissioner (Central), Visakhapatnam, which directed payment of revised/differential gratuity amounts to retired employees in their respective Gratuity Applications of 2014. At admission in 2016, interim orders required the petitioner company to pay one-third of the awarded amounts to the employee-respondents, who, despite notice, did not enter appearance. On 02.05.2025, the petitioner's Standing Counsel reported that the revised/differential gratuity had already been released to 53 ex-employees during 2016-2018 and sought permission to withdraw the petitions; the Court recorded the submission, dismissed all the writ petitions as withdrawn, made no order as to costs, and closed pending applications. There was no adjudication on the merits of the gratuity orders and no precedent was cited.

¶1

¶2

IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction)

¶3

FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶6

WRIT PETITION Nos.10073. 10076. 10153.14043,14060.14063. 14101. 14140, 14144, 14148. 14150. 14153. 14168. 14181.

¶7

14303, 14314.14316. 10101. 10212. 14087. 14135 and

¶8

14405 OF 2016

¶9

WRIT PETITION NO: 10073 OF 2016

¶10

Between:

¶11

ni?nw! w® BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶12

...Petitioner

¶13

AND

¶14

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶15

^ Nagar BHPV Post, Visakhapatnam-

¶16

...Respondents

¶17

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one St in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No. 18 of 2014 dated 14-12016.

¶18

¶19

I.A. NO: 1 OF 2016(WPMP. NO: 12724 OF 2016^

¶20

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 18 of 2014 dated 14-1-2016 during the pendency of Writ Petition.

¶21

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶22

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA WRIT PETITION NO: 10076 OF 2018

¶23

Between:

¶24

R'f^ctor, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶25

...Petitioner

¶26

AND

¶27

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶28

Sri M.Subbanna, D.No. 1-3-101, Akkireddypalem BHPV Post Visakhapatnam-530012.

¶29

...Respondents

¶30

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No. 17 of 2014 dated 14-1-2016.

¶31

j.A. NO: 1 OF 2016(WPMP. NO: 12729 OF 20161

¶32

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 17 of 2014 dated 14-1-2016 during the pendency of Writ Petition

¶33

¶34

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶35

Counsel for the Respondents: SRI JUMV PRASAD (CENTRAL GOVERNMENT COUNSEL)

¶36

WRIT PETITION NO: 10153 OF 2016

¶37

Between:

¶38

Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶39

...Petitioner

¶40

AND

¶41

Controlling Authority urine Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶42

G y.S.D.Prasada Rao, E-306, Comfort Homes Purushottampuram

¶43

Visakhapatnam-530051.

¶44

...Respondents

¶45

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No. 9 of 2014 dated 11-1-2016.

¶46

I.A. NO: 1 OF 2016(WPMP. NO: 12808 OF 2016)

¶47

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.9 of 2014 dated 11-1-2016 during the pendency of Writ Petition.

¶48

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶49

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶50

¶51

WRIT PETITION NO: 14043 OF 2016

¶52

Between:

¶53

RMDwI'w® ^ Vessels Plant (Formerlv BHPV) Visakhapatnam

¶54

...Petitioner

¶55

AND

¶56

Controlling Authority under the Payment Gratuity Act 1972 & Reqional Labour Commissioner (Central), Visakhapatnam.

¶57

Sri K^Bapuji, D.No.1-5-79/1, Chinna Akkireddipalem BHPV(PO) Viskhapatnam-530012. ^

¶58

...Respondents

¶59

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No.51 of 2014 dated 21-3-2016.

¶60

I.A. NO: 1 OF 2016(WPMP. NO: 17524 OF 2016)

¶61

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.51 of 2014 dated 21-3-2016 during the pendency of Writ Petition.

¶62

Counsel for the Petitioner; SRI P. RAJA SEKHAR

¶63

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶64

WRIT PETITION NO: 14060 OF 2nifi

¶65

Between:

¶66

rhp/!'w® ^ Vessels Plant (Formerly BHPV) Visakhapatnam.

...Petitioner

AND

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶71

Sri G.Dalayya, D.No.5-18-26, Thunglam BHPV (PC), Viskakhapatnam12.

¶72

...Respondents

¶73

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1st Respondent and quash the order in Gratuity Application No. 68 of 2014 dated 22-03-2016.

¶74

I.A. NO: 1 OF 2016fWPMP. NO: 17545 OF 2016)

¶75

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.68 of 2014 dated 22-03-2016 during the pendency of Writ Petition.

¶76

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶77

Counsel for the Respondents: SRI SHEIK SHAH ALI

¶78

WRIT PETITION NO: 14063 OF 2016

¶79

Between:

¶80

DunwJ'y? Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶81

...Petitioner

¶82

AND

¶83

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶84

G.Borraiah, D.No.3-18, Atapelam Duwada, Viskhapatnam-530049

¶85

...Respondents

¶86

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

r-.

be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No. 44 of 2014 dated 21-3-2016.

¶91

I.A. NO: 1 OF 2016(WPMP. NO: 17548 OF 20161

¶92

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 44 of 2014 dated 21-3-2016 during the pendency of Writ Petition.

¶93

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶94

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA WRIT PETITION NO: 14101 OF 2Q1fi

¶95

Between:

¶96

iHPV) wsa°khapa[nam'^^ ' ^

¶97

...Petitioner

¶98

AND

¶99

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶100

^pjy^^^rayana, D.No.1-4-57, Akkireddipalem, BHPV(PO)

¶101

Visakhapatnam-530012.

¶102

...Respondents

¶103

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No. 48 of 2014 dated 21-3-2016.

¶104

¶105

I.A. NO: 1 OF 2016(WPMP. NO: 17587 OF 2016)

¶106

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 48 of 2014 dated 21-3-2016 during the pendency of Writ Petition.

¶107

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶108

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA WRIT PETITION NO: 14140 OF 2Q1fi

¶109

Between:

¶110

DunwI'w® BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam

¶111

...Petitioner

¶112

AND

¶113

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶114

Sri K.yenkata Ramana Reddy, D.No.46-22-48, Station Road Opp RIy Hospital Dondaparthy, Visakhapatnam-530016.

¶115

...Respondents

¶116

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No. 207 of 2014 dated 15-2-2016.

¶117

I.A. NO: 1 OF 2016(WPMP. NO: 17628 OF

¶118

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.207 of 2014 dated 15-2-2016 during the pendency of Writ Petition.

¶119

¶120

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶121

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶122

WRIT PETITION NO: 14144 OF 2016

¶123

Between:

¶124

Executive Director. BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶125

...Petitioner

¶126

AND

¶127

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶128

D.Veerraju, C/o Late D.Veerabhadrudu D.No.3-4-304, Apanna Complex BHPV (PO), Visakhapatnam-530012.

¶129

...Respondents

¶130

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®* Respondent and quash the order in Gratuity Application No.46 of 2014 dated 21-3-2016.

¶131

I.A. NO: 1 OF 2016fWPMP. NO: 17632 OF 2Q1fi)

¶132

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.46 of 2014 dated 21-03-2016 during the pendency of Writ Petition.

¶133

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶134

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶135

¶136

WRIT PETITION NO: 14148 OF 2016

¶137

Between:

¶138

RWDwJ'w® - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam. ^

¶139

...Petitioner

¶140

AND

¶141

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶142

S Surya Rao, D.No.9-8-113, Jogavanipalem Old Gajuwaka, Viskhapatnam-530026.

¶143

...Respondents

¶144

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1 Respondent and quash the order in Gratuity Application No. 13 of 2014 dated 16-3-2016.

¶145

[■A. NO: 1 OF 2Q16(WPMP. NO: 17638 OF 201 fi)

¶146

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 13 of 2014 dated 16-3-2016 during the pendency of Writ Petition.

¶147

Counsel for the Petitioner: SRI P, RAJA SEKHAR

¶148

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶149

WRIT PETITION NQ: 1415Q OF Pflifi

Between:

Plant (Formerly

...Petitioner

AND

'l.

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶157

V.Rami Reddy, D.No.5-15-18, Thunglam Near BHPV, Visakhapatnam530012.

¶158

...Respondents

¶159

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1^‘ Respondent and quash the order in Gratuity Application No. 45 of 2014^{dated21-3-2016.}

¶160

LA. NO: 1 OF 2016fWPMP. NO: 17641 OF 2016)

¶161

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 45 of 2014 dated 21-3-2016 during the pendency of Writ Petition.

¶162

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶163

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL^OFINDIA

¶164

WRIT PETITION NO: 14153 OF 2016

¶165

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶166

...Petitioner

¶167

AND

¶168

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour uommissioner (Central), Visakhapatnam.

¶169

V.Gopala Rao, Flat No.C-108, Surya Chandra Enclave^Vuda Apartment, B.C.Road Pedagantyada, Visakhapatnam-530044.

¶170

...Respondents

¶171

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

¶172

¶173

be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the Respondent and quash the order in Gratuity Application No. 41 of 2014^{dated21-3-2016.}

¶174

I.A. NO: 1 OF 2016(WPMP. NO: 17644 OF 2016)

¶175

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.41 of 2014 dated 21-03-2016 during the pendency of Writ Petition.

¶176

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶177

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL^OFINDIA WRIT PETITION NO: 14168 OF 2016

¶178

Between:

¶179

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶180

...Petitioner

¶181

AND

¶182

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶183

I. Narayana Raju, D.No. 27-1-22/1, Srinagar, Gajuwaka, Viskhapatnam530026.

¶184

...Respondents

¶185

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®' Respondent and quash the order in Gratuity Application No. 10 of 2014^{dated16-3-2016.}

¶186

¶187

I.A, NO: 1 OF 2016(WPMP. NO: 17668 OF 20161

¶188

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 10 of 2014 dated 16-3-2016 during the pendency of Writ Petition.

¶189

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶190

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA WRIT PETITION NO: 14181 OF 2016 Between:

¶191

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam. ...Petitioner

¶192

AND

¶193

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶194

Sri V.Subrahmanyam, Flat No.101, Swamy Residency Sector-9, MVP Colony Behind DRDA Office, Viskhapatnam-17

¶195

...Respondents

¶196

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No.62 of 2014 dated 22-3-2016.

¶197

LA. NO: 1 OF 2016(WPMP. NO: 17682 OF 2016)

¶198

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.62 of 2014 dated 22-3-2016 during the pendency of Writ Petition.

¶199

¶200

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶201

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶202

WRIT PETITION NO: 14303 OF 2016

¶203

Between:

¶204

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶205

...Petitioner

¶206

AND

¶207

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam

¶208

S. Satyanandam, D.No. 1-2-74, Akkireddypalem, BHPV (PO) Viskhapatnam-12

¶209

...Respondents

¶210

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1"* Respondent and quash the order in Gratuity Application No. 66 of 2014 dated 22-3-2016.

¶211

LA. NO: 1 OF 2016(WPMP. NO: 17821 OF 201 fi)

¶212

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 66 of 2014 dated 22-3-2016 during the pendency of Writ Petition.

¶213

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶214

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶215

¶216

WRIT PETITION NO: 14314 OF 2016

¶217

Between:

¶218

Executive Director BHEL - Heavy Plates & Vessels Plant, (Formerly BHPV) Visakhapatnam.

¶219

...Petitioner

¶220

AND

¶221

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶222

Sri Ch.Venkata Ramana Raju, D.No.9-8-157, Jogavanipalem Gajuwaka, Viskshapatnam-530026.

¶223

...Respondents

¶224

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®* Respondent and quash the order in Gratuity Application No.58 of 2014^{dated21-3-2016.}

¶225

I.A. NO: 1 OF 2016(WPMP. NO: 17843 OF 2016)

¶226

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the operation of order in Gratuity Application No.58 of 2014 dated 21-03-2016 during the pendency of Writ Petition.

¶227

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶228

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL^OFINDIA

¶229

WRIT PETITION NO: 14316 OF 2016

¶230

Between:

¶231

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

...Petitioner

AND

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶236

G.B.N.Mangapathi, D.No.1-7-58/2, Akkireddypalem BHPV(PO),Viskhapatnam-530012.

¶237

...Respondents

¶238

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®* Respondent and quash the order in Gratuity Application No.50 of 2014^{dated21-3-2016.}

¶239

I.A. NO: 1 OF 2016(WPMP. NO: 17845 OF 2016)

¶240

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation to order in Gratuity Application No.50 of 2014 dated 21-03-2016 during the pendency of Writ Petition.

¶241

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶242

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶243

WRIT PETITION NO: 10101 OF 2016

¶244

Between:

¶245

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶246

...Petitioner

¶247

AND

¶248

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶249

Sri V.Obula Reddy, D.No.8-6-19, Ward No.64 Old Gajuwaka, Visakhapatnam-26.

...Respondents

)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No. 2 of 2014^{dated11-1-2016.}

¶254

I.A. NO: 1 OF 2016(WPMP. NO: 12757 OF 2016)

¶255

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 2 of 2014 dated 11-1-2016 during the pendency of Writ Petition.

¶256

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶257

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF INDIA

¶258

WRIT PETITION NO: 10212 OF 2016

¶259

Between:

¶260

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶261

...Petitioner

¶262

AND

¶263

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶264

Sri T.Prakash, D.No.31-54-87, (H.No.21-86), Siddardharnagar, Vadlapudi (Post), Visakhapatnam-530026.

¶265

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No. 27 of 2014^{dated21-1-2016.}

¶266

¶267

I.A. NO: 1 OF 2016(WPMP. NO: 12871 OF 2016)

¶268

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 27 of 2014 dated 21-1-2016 during the pendency of Writ Petition.

¶269

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶270

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL OF^INDIA

¶271

WRIT PETITION NO: 14087 OF 2016

¶272

Between:

¶273

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶274

...Petitioner

¶275

AND

¶276

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶277

Sri N.Sukumar, D.No.30-82-1/110, Rupa Residency, Road No.4, Thirumala Nagar, Vadlapudi, Visakhapatnam-530046.

¶278

...Respondents

¶279

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No. 25 of 2014 dated 16-3-2016.

¶280

I.A. NO: 1 OF 2016(WPMP. NO: 17573 OF 20161

¶281

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No. 25 of 2014 dated 16-3-2016 during the pendency of Writ Petition.

¶282

¶283

Counsel for the Petitioner; SRI P. RAJA SEKHAR

¶284

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL^OFINDIA

¶285

WRIT PETITION NO: 14135 OF 2016

¶286

Between:

¶287

Executive Director BHEL - Heavy Plates & Vessels Plant, (Formerly BHPV) Visakhapatnam.

¶288

...Petitioner

¶289

AND

¶290

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶291

V.Rajkumar, D.No.31-54-123, Siddhardha Nagar Vadlapudi, Visakhapatnam-530046.

¶292

...Respondents

¶293

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No. 26 of 2014^{dated16-3-2016.}

¶294

I.A. NO: 1 OF 2016fWPMP. NO: 17623 OF 2016)

¶295

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.26 of 2014 dated 16-03-2016 during the pendency of Writ Petition.

¶296

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶297

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL^OFINDIA

¶298

¶299

WRIT PETITION NO: 14405 OF 2016

¶300

Between:

¶301

Executive Director, BHEL - Heavy Plates & Vessels Plant (Formerly BHPV) Visakhapatnam.

¶302

...Petitioner

¶303

AND

¶304

Controlling Authority under the Payment Gratuity Act 1972, & Regional Labour Commissioner (Central), Visakhapatnam.

¶305

Sri A.Satynandam, D.No.1-3-110, Akkireddipalem BHPV (PO), Viskhapatnam-530012.

¶306

...Respondents

¶307

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order dr a direction or a Writ more particularly one in the nature of Certiorari after calling for records from the 1®‘ Respondent and quash the order in Gratuity Application No.47 of 2014^{dated21-3-2016.}

¶308

I.A. NO: 1 OF 2016fWPMP. NO: 17948 OF 2016)

¶309

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order in Gratuity Application No.47 of 2014 dated 21-3-2016 during the pendency of Writ Petition.

¶310

Counsel for the Petitioner: SRI P. RAJA SEKHAR

¶311

Counsel for the Respondents: DEPUTY SOLICITOR GENERAL^OFINDIA

¶312

The Court made the following common order:

¶313

¶314

APHC010909182016

¶315

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶316

[3504]

¶317

FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE

¶318

PRESENT

¶319

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10073/2016

¶320

Between:

¶321

Executive Director ...PETITIONER AND Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others Counsel for the Petitioner: 1.P.RAJASEKHAR Counsel for the Respondent(S): 1. DEPUTY SOLICITOR GENERAL OF INDIA WRIT PETITION NO: 10076/2016 Between: Executive Director ...PETITIONER AND Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others Counsel for the Petitioner: 1.P.RAJASEKHAR

¶322

¶323

Counsel for the Respondent(S):

¶324

JUMV PRASAD (CENTRAL GOVERNMENT COUNCIL

¶325

¶326

WRIT PETITION NO: 10153/2016

Between;

Executive Director

...PETITIONER

AND

Controlling Authority Under the Payment of Gratuity Act 1972 and Others

¶332

...RESPONDENT(S)

¶333

Counsel for the Petitioner:

¶334

1.P.RAJASEKHAR

¶335

Counsel for the Respondent{S):

¶336

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶337

WRIT PETITION NO: 14043/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of ...RESPONDENT{S) Gratuity Act 1972 and Others

¶343

Counsel for the Petitioner:

¶344

1.P.RAJASEKHAR

¶345

Counsel for the Respondent(S):

¶346

DEPUTY SOLICITOR GENERAL OF INDIA

¶347

¶348

¶349

WRIT PETITION NO: 14060/2016

¶350

Between:

¶351

Executive Director ...PETITIONER

¶352

AND Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶353

Counsel for the Petitioner:

¶354

1.P.RAJASEKHAR

¶355

Counsel for the Respondent(S):

¶356

1.SHEIK SHAH ALI

¶357

WRIT PETITION NO: 14063/2016

¶358

Between:

¶359

Executive Director ...PETITIONER

¶360

AND

¶361

Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶362

Counsel for the Petitioner:

¶363

1.P.RAJASEKHAR

¶364

Counsel for the Respondent(S):

¶365

1.DEPUTY SOLICITOR GENERAL OF INDIA 2.K JAGAN MOHAN REDDY

¶366

WRIT PETITION NO: 14101/2016

¶367

Between:

¶368

Executive Director ...PETITIONER

¶369

AND

¶370

¶371

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶372

...RESPONDENT(S)

¶373

Counsel for the Petitioner;

¶374

1.P.RAJASEKHAR

¶375

Counsel for the Respondent(S):

¶376

DEPUTY SOLICITOR GENERAL OF INDIA

¶377

WRIT PETITION NO: 14140/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶383

...RESPONDENT(S)

¶384

Counsel for the Petitioner:

¶385

1.P.RAJASEKHAR

¶386

Counsel for the Respondent(S):

¶387

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶388

WRIT PETITION NO: 14144/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶394

...RESPONDENT(S)

¶395

Counsel for the Petitioner:

¶396

1.P.RAJASEKHAR

¶397

Counsel for the Respondent(S);

¶398

¶399

¶400

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶401

WRIT PETITION NO: 14148/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of ...RESPONDENT{S) Gratuity Act 1972 and Others

¶407

Counsel for the Petitioner:

¶408

1.P.RAJASEKHAR

¶409

Counsel for the Respondent{S):

¶410

DEPUTY SOLICITOR GENERAL OF INDIA

¶411

WRIT PETITION NO: 14150/2016

¶412

Between:

¶413

Executive Director ...PETITIONER

¶414

AND

¶415

Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶416

Counsel for the Petitioner:

¶417

1.P.RAJASEKHAR

¶418

Counsel for the Respondent(S):

¶419

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶420

¶421

WRIT PETITION NO: 14153/2016

¶422

Between:

¶423

Executive Director, BHEL, Visakhapatnam ...PETITIONER AND Controlling Authority under The Payment Of ...RESPONDENT(S) Gratuity Act and Others

¶424

Counsel for the Petitioner:

¶425

1.P.RAJASEKHAR

¶426

Counsel for the Respondent(S): 1.DEPUTY SOLICITOR GENERAL OF INDIA 2.

¶427

WRIT PETITION NO: 14168/2016

¶428

Between: Executive Director ...PETITIONER

¶429

AND Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others Counsel for the Petitioner:

¶430

1.P.RAJASEKHAR
Counsel for the Respondent(S):
1. DEPUTY SOLICITOR GENERAL OF INDIA
2.

¶431

WRIT PETITION NO: 14181/2016

¶432

Between:

¶433

Exe'dutive Director ...PETITIONER

¶434

¶435

AND

¶436

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶437

...RESPONDENT(S)

¶438

Counsel for the Petitioner:

¶439

1.P.RAJASEKHAR

¶440

Counsel for the Respondent(S):

¶441

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶442

WRIT PETITION NO: 14303/2016

¶443

Between:

¶444

Executive Director ...PETITIONER

¶445

AND

¶446

Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶447

Counsel for the Petitioner:

¶448

1.P.RAJASEKHAR

¶449

Counsel for the Respondent(S):

¶450

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶451

WRIT PETITION NO: 14314/2016

¶452

Between:

¶453

Executive Director Bhel - Heavy Plates & Vessels Plant ...PETITIONER AND

¶454

Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶455

Counsel for the Petitioner:

¶456

1.P.RAJASEKHAR

¶457

¶458

Counsel for the Respondent(S):

¶459

DEPUTY SOLICITOR GENERAL OF INDIA

¶460

2.0

¶461

WRIT PETITION NO: 14316/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶467

...RESPONDENT(S)

¶468

Counsel for the Petitioner:

¶469

1.P.RAJASEKHAR

¶470

Counsel for the Respondent(S):

¶471

DEPUTY SOLICITOR GENERAL OF INDIA

¶472

WRIT PETITION NO: 10101/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶478

...RESPONDENT(S)

¶479

Counsel for the Petitioner:

¶480

I.P.Raja Sekhar

¶481

Counsel for the Respondent(S):

¶482

DEPUTY SOLICITOR GENERAL OF INDIA

¶483

WRIT PETITION NO: 10212/2016

Between:

(■

Executive Director Bhel, Vsp ...PETITIONER AND Reg Labour Commissioner, ...RESPONDENT Visakhapatnam and Another Counsel for the Petitioner:

¶488

1.P.RAJASEKHAR

¶489

Counsel for the Respondent:

¶490

¶491

WRIT PETITION NO: 14087/2016

¶492

Between:

¶493

Executive Director ...PETITIONER

¶494

AND

¶495

Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶496

Counsel for the Petitioner:

¶497

1.P.RAJASEKHAR

¶498

Counsel for the Respondent(S):

¶499

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶500

WRIT PETITION NO: 14135/2016

¶501

Between:

¶502

Executive Director Bhel - Heavy Plates & Vessels Plant ...PETITIONER AND Controlling Authority Under The Payment of ...RESPONDENT(S) Gratuity Act 1972 and Others

¶503

Counsel for the Petitioner:

¶504

¶505

1.P.RAJASEKHAR

¶506

Counsel for the Respondent(S):

¶507

1.DEPUTY SOLICITOR GENERAL OF INDIA

¶508

WRIT PETITION NO: 14405/2016

Between:

Executive Director

...PETITIONER

AND

Controlling Authority Under The Payment of Gratuity Act 1972 and Others

¶514

...RESPONDENT(S)

¶515

Counsel for the Petitioner:

¶516

T.P.RAJASEKHAR

¶517

Counsel for the Respondent(S):

¶518

DEPUTY SOLICITOR GENERAL OF INDIA

¶519

The Court made the following common order:

¶520

¶521

HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

¶522

WRIT PETITION Nos.10073. 10076, 10153, 14043, 14060, 14063, 14101, 14140, 14144, 14148. 14150. 14153. 14168. 14181. 14303, 14314, 14316, 10101. 10212,14087. 14135 and 14405 OF 2016

¶523

COMMON ORDER:

¶524

As the question involved and the prayer sought in these^writ petitions are one and the same, this Court is inclined to pass common order in ail these matters.

¶525

All the present Batch of Writ petitions instituted by the petitioner company i.e. BHEL - Heavy plates & vessels Plant (Formerly known as Bharat Heavy Plates and Vessels (BHPV) are challenging the orders passed by the Respondent, who is the Controlling Authority under the Payment of Gratuity Act, 1972, by which directed the writ petitioner company to pay revised / differential Gratuity amounts in favour of the 2"^^ Respondent/(retired Employees) in terms of their respective claims made under the provisions of the Payment of Gratuity Act, 1972 and Rules thereon. The petitioner company questioned^the above said awards before this Court through these multiple^writ petitions.

¶526

¶527

This Court way back in the year 2016, at the time of admission of the instant cases, granted interim orders subject to the petitioner company paying 1/3'^ of the awarded amount to respondent No.2 - Retired employees and also notices were directed to be issued to respondent No.2 - Retired Employees. But, inspite of serving notices to the employees, none^entered appearance on behalf of them to represent their version^beforethis Court.

¶528

Today, when the matters are taken up for hearing, Sri P.Raja Sekhar, learned Standing Counsel for the petitioner company represented that he has received e-mail communication dated :02.05.2025 from the petitioner company informing that they have released payment of revised / differential Gratuity amounts^to (53) Ex-Employees in the years 2016, 2017 and 2018 itself.

¶529

He would further submit that the petitioner company^would not like to pursue the present batch of writ petitions^andseeks permission of this court to withdraw the same. The^memodated 02.05.2025 vide USR No.49710 of 2025, along with e-mail communication dated 02.05.2025 received from the petitioner company are placed on record.

¶530

¶531

¶532

Recording the submission made by the learned Standing

¶533

Counsel Sri P.Raja Sekhar, for the petitioner company,^thesewrit

¶534

petitions are dismissed as withdrawn.

¶535

There shall be no order as to costs. As a sequel pending

¶536

applications, if any, shall stand closed.

¶537

Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECT OFFICER

One CC to Sri P Rajshekar, Advocate [OPUC]

¶542

One CC to Sri Sheik Shah Ali, Advocate [OPUC]

¶543

One CC to Sri JUMV Prasad, Central Government Counsel [OPUC]

¶544

One CC to Sri Pasala Ponna Rao, Deputy Solicitor^{GeneralofIndia} [OPUC]

¶545

Two CD Copies

RAM

HIGH COURT

DATED:02/05/2025

ip o,
colmi
^ 12JUN2?n

¶551

COMMON ORDER

¶552

WP.Nos.10073, 10076,10153, 14043, 14060, 14063, 14101,14140, 14144, 14148,14150, 14153, 14168, 14181, 14303, 14314,14316,10101, 10212,14087, 14135 and 14405 of 2016

¶553

UlbMISSiNG ALL THE WPs AS WITHDRAWN WITHOUT COSTS

Executive Director v. Controlling Authority under the Payment Gratuity Act 1972

Case brief

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Executive Director v. Controlling Authority under the Payment Gratuity Act 1972

Case brief

What is this about?

What did the court decide?

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