Dismissed

M/S Emsons Radio Corporation v. the Controlloing Authority & Anr.

Delhi HC16 Dec 2024W.P.(C)/12433/2023

Case brief

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What is this about?

Petitioner sought direction to pass speaking order under Payment of Gratuity Rules. Court allowed withdrawal of writ petition with liberty to file fresh petition and granted temporary stay on exparte award for one week.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to file fresh petition; stay on ex-parte award granted for one week.

M/S Emsons Radio Corporation Vs the Controlloing… — Writ and Judicial Review | Delhi HC (2024)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12433/2023, CM APPLs. 58544/2023, 49015/2023 & 56623/2023

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M/S EMSONS RADIO CORPORATION .....Petitioner Through: Mr. Akshit Sachdeva and Mr. Arun Kumar, Advocate

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versus

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THE CONTROLLOING AUTHORITY & ANR. .....Respondents Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi Advocate

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Mr. Chandan, Advocate for R2

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R

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% 16.12.2024

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[Physical Hearing/Hybrid Hearing (as per request)]

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The petitioner sought direction to respondent no. 1 to pass a speaking and reasoned order on petitioner’s application under Rule 11(5) of the Payment of Gratuity Rules on 04.10.2023, the date fixed before the controlling authority. The admitted position is that on 04.10.2023, the controlling authority dismissed the said application. According to the respondents, order dated 04.10.2023 has made the present petition infructuous as the application was rejected as time barred. On the other hand, the petitioner contends that the order dated 04.10.2023 is not sustainable in the eyes of law and also in view of this Court’s order dated 21.09.2023.

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This is a digitally signed order.

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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 04/07/2025 at 01:59:09

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After addressing partly, learned counsel for petitioner on instructions of his client seeks permission to withdraw this writ petition with liberty to file fresh petition assailing order dated 04.10.2023 and requests that till the fresh petition is heard, operation of the ex-parte award dated 29.03.2023 be stayed.

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Considering the above circumstances, the writ petition and the accompanying applications are dismissed as withdrawn with liberty as sought, but it is made clear that the protection against operation of the exparte award dated 29.03.2023 shall be extended only for a period of one week from today during which the fresh petition, if so advised shall be filed.

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GIRISH KATHPALIA, J

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DECEMBER 16, 2024/as

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 04/07/2025 at 01:59:09

M/S Emsons Radio Corporation v. the Controlloing Authority & Anr.

Case brief

What is this about?

What did the court decide?

M/S Emsons Radio Corporation v. the Controlloing Authority & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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