Allowed

P.S.E.B. and Anr. v. Regional Labour Commissioner and Ors.

Punjab & Haryana HC6 Dec 2013CWP/5895/2007

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What is this about?

This court allowed a writ petition filed by the Punjab State Electricity Board challenging orders under the Payment of Gratuity Act. Relying on a prior judgment, the court set aside the impugned orders awarding gratuity benefits to the employees.

What did the court decide?

The impugned orders dated 20.2.2006 and 28.11.2006 were set aside, and the writ petition was allowed based on the principles laid down in Balwant Singh's case.

P.S.E.B. and Anr. Vs Regional… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No. 5895 of 2007

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Date of decision: December 06, 2013

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Punjab State Electricity Board and another

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... Petitioners

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Vs.

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Regional Labour Commissioner and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE SURINDER GUPTA

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1. Whether reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. Amit Mehta, Advocate for the petitioners. None for the respondents.

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Surya Kant, J (Oral)

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The erstwhile Punjab State Electricity Board and its authorities are aggrieved by the order dated 20.2.2006 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 as well as order dated 28.11.2006 passed by the Appellate Authority under the above said Act upholding the order of Controlling Authority.

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The question that arises for consideration is, “whether the employees of the petitioner's Board like respondent No.3, are entitled to seek benefit of provisions of the Payment of Gratuity Act, 1972?”

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The plea taken by the petitioners before the Controlling Authority was that they have been granted exemption from the provisions of the above stated Act.

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Deepak Kumar 2014.01.10 11:57 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

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Civil Writ Petition No. 5895 of 2007

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-2-

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We find that validity of the exemption relied upon by the petitioners has been gone into and upheld by this Court vide order dated 27.2.2008 passed in C.W.P. No. 5126 of 2004 and other connected cases

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(Balwant Singh and others vs. State of Punjab and another).

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The instant writ petition is accordingly allowed for the reasons assigned by this Court in Balwant Singh's case (supra) and consequently

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the impugned orders are set aside.

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(Surya Kant) Judge

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December 06, 2013 deepak

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(Surinder Gupta) Judge

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Deepak Kumar 2014.01.10 11:57 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

P.S.E.B. and Anr. v. Regional Labour Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

P.S.E.B. and Anr. v. Regional Labour Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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