Petitioner withdrew a writ petition under the Payment of Gratuity Act, 1972 to file an appeal as per statutory rules. Petitioner was not heard on merits. Writ petition dismissed on technical grounds as closed.
Writ petition closed; party to file appeal as per law.
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GAHC010148862024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3982/2024
UNION OF INDIA AND ANR
REPRESENTED BY THE GENERAL MANAGER (OPEN LINE) N. F. RAILWAY, MALIGAON SHUTTLE GATE ROAD, EAST MALIGAON, GUWAHATI -781011, ASSAM
VERSUS
SUJIT NUNIA AND 7 ORS.
EX-PORTER, S/O- LATE MANORANJAN NUNIA, SHYAMA PRASAD PALLY, NEAR HANUMAN MANDIR, P.O. BADARPUR, DIST. KARIMGANJ, ASSAM788806.
2:JOY STEPHEN EX-PORTER S/O- LATE JHON STEPHEN RAILWAY TENNIS GROUND COLONY P.O. BADARPUR DIST. KARIMGANJ ASSAM-788806.
3:SMT. SABITRI RISHI W/O- LATE CHITTA RANJAN RISHI EX-PORTER S/O- LATE NORENDRA CHANDRA RISHI SALEBARI (SRINAGAR) P.O. BADARPUR DIST. KARIMGANJ ASSAM-788806. (REPRESENTED BY HIS WIFE AFTER HIS DEATH).
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4:PARESH CHANDRA DAS EX-PORTER S/O- LATE YADAV CHANDRA DAS R/O- SALEBARI (SRINAGAR) P.O. BADARPUR DIST. KARIMGANJ ASSAM-788806.
5:NIRANJAN DAS EX-PORTER OLD FIELD COLONY P.O. BADARPUR DIST. KARIMGANJ PIN- 788806.
6:SASIKANTA MAZUMDER JUMBASTI BADARPUR DIST.-KARIMGANJ PIN- 788806. (CONTRACTOR).
7:ANANDA GHOSE R/O- RONGPUR SANTI PARA VIP ROAD SILCHAR DIST. CACHAR ASSAM (CONTRACTOR).
8:SUSHANTA KUMAR PAUL KALIBARI PUKUR PAR LUMDING ASSAM (CONTRACTOR)
Advocate for the Petitioner : MR H GUPTA,
Advocate for the Respondent : ,
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
06.09.2024
The instant writ petition has been filed by the Railways being aggrieved by an order dated 23.08.2022 passed by the controlling authority under the Payment of Gratuity Act, 1972.
It however transpires that under the Payment of Gratuity Act, 1972, there is a provision for appeal, the prescription of which is also laid down in the rules framed there under.
In view of the above, the learned counsel begs to withdraw this writ petition and file an appeal in accordance with law.
Writ petition accordingly stands closed.
Closure of the writ petition is however on technical grounds without affecting the merits.
JUDGE
Comparing Assistant
Union of India and Anr.
Sujit Nunia and 7 Ors.
Sanjay Kumar Medhi
As recorded by the court registry
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