Disposed

Ramnaresh Dwivedi v. South Eastern Coalfields Limited

Chhattisgarh HC11 Apr 2023WPS/3264/2017

Case brief

AI extract

What is this about?

The High Court permitted the petitioner to withdraw the writ petition with liberty to file an appeal under the Payment of Gratuity Act. The court held that the appeal authorities need not be influenced by the writ petition's pendency.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to file an appeal under the Payment of Gratuity Act.

Ramnaresh Dwivedi Vs South Eastern… — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3264 of 2017

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Ramnaresh Dwivedi S/o Kamla Prasad Dwivedi Aged About 63 Years Retired Employee of SECL, R/o Devgawa Near Arjhula Colony, Post Office Kudri, Police Station Khairha, Tahsil Budhar, District Shahdol Madhya Pradesh

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---- Petitioner

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Versus

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South Eastern Coalfields Limited Through Its Managing Director, Headquater, Seepat Road, Bilaspur, District Bilaspur Chhattisgarh., Chhattisgarh

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The Manager Personnel, S E C L, Jhagrakhand Sub Area, Hasdev Area, Post-West Jhagrakhand Colliery, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

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The General Manager, S E C L, Jhagrakhand Sub Area, Hasdev Area, Post-West Jhagrakhand Colliery, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

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The General Manager Mining/ Sub-Area Manager, Jhagrakhand Sub-Area, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

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The Controlling Authority Under Payment Of Gratuity Act, 1972 And The Regional Labour Commissioner Central, Bilaspur., District : Bilaspur, Chhattisgarh

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---- Respondents

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For the Petitioner Mr. K.K. Pandey, Advocate

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For the Respondents Mr. K.K. Shrivastava, Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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11.04.2023.

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Learned counsel for the petitioner would submit that the gratuity amount of Rs. 8,48,230/- has already been paid to the petitioner in pursuance of order passed by the Controlling Authority but the Controlling Authority has not granted interest to the petitioner. He

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would further submit that there is remedy of appeal under the Payment of Gratuity Act and would seeks permission of this Court to withdraw the instant writ petition with liberty to file appeal before the Appellate Authority.

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Permission is granted.

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Considering the fact that against the order dated 02.12.2016 Annexure P/5 the petitioner has a remedy of filing appeal before the Appellate Authority under Payment of Gratuity Act.

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Accordingly, the instant petition is disposed of. In the eventuality of filing of appeal within 45 days, the delay in filing the appeal on the count of pendency of this writ petition before this Court will not come on the way and the Appellate Authority shall decide the case on its own merit, without being influenced by order of this Court.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Santosh

Ramnaresh Dwivedi v. South Eastern Coalfields Limited

Case brief

What is this about?

What did the court decide?

Ramnaresh Dwivedi v. South Eastern Coalfields Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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