Allowed

Rajasthan Marudhara Gramin Bank v. the Appellate Authority Under Payment of Gratuity Act, 1972

Rajasthan HC18 Jul 2022SAW/202/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan set aside the judgment of the learned Single Judge and orders of the authorities under the Payment of Gratuity Act, holding that the controversy was covered by a subsequent judgment. The bank's deposits made in compliance are directed to be reimbursed.

What did the court decide?

Impugned judgment and orders set aside; bank deposits to be reimbursed forthwith if made pursuant to such orders.

Rajasthan Marudhara Gramin Bank Vs the… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 94/2021

¶3

Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

¶4

----Appellant

¶5

Versus

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The Appellate Authority Under Payment Of Gratuity Act, 1972 And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj.).

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Controlling Authority Under Payment Of Gratuity Act, 1972, And Assistant Labour Commissioner (Central), Ajmer (Raj.).

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Shri Manohar Das Vaishnav S/o Shri Gopi Das Vaishnav, Through The General Secretary, Gramin Bank Pensioners Samity, Pali.

¶9

----Respondents

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Connected With

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D.B. Spl. Appl. Writ No. 184/2021

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Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

¶13

----Appellant

¶14

Versus

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The Appellate Authority Under Payment Of Gratuity Act, 1972 And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj.).

¶16

Controlling Authority Under Payment Of Gratuity Act, 1972 And Assistant Labour Commissioner (Central), Ajmer (Raj.).

¶17

Shri Lokendra Singh Shaktawat S/o Shri Narendra Singh, R/o House No. C-20/21, Pratap Nagar, Udaipur (Raj.).

¶18

----Respondents

¶19

D.B. Spl. Appl. Writ No. 202/2021

¶20

Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.

----Appellant

Versus

(2 of 3)

[SAW-94/2021]

The Appellate Authority Under Payment Of Gratuity Act, 1972, And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj.)

¶26

Controlling Authority, Under Payment Of Gratuity Act, 1972 And Assistant Labour Commissioner (Central), Ajmer (Raj.).

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Tara Ram Meena S/o Nimba Ram, Through The General Secretary, Gramin Bank Pensioners Samity, Pali.

¶28

----Respondents

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For Appellant(s) : Mr. Bhavit Sharma For Respondent(s) : Mr. Satya Prakash Sharma Mr. Prakash Raika on behalf of Mr. Mukesh Rajpurohit, ASG

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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18/07/2022

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Learned counsel, Mr. Bhavit Sharma, representing the petitioner states that the controversy involved in these intra-court appeals is covered by a judgment dated 05.01.2022 passed in a bunch of appeals led by D.B. Civil Special Appeal (Writ) No.561/2020 (Rajasthan Marudhara Gramin Bank, Jodhpur Vs. The Appellate Authority under the Payment of Gratuity Act & Ors.).

¶34

Learned counsel Mr. Satya Prakash Sharma and Mr. Prakash Raika, associate to Mr. Mukesh Rajpurohit, ASG, representing the respondents do not dispute this submission of Mr. Bhavit Sharma.

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Accordingly, the judgment of the learned Single Judge and the orders passed by the Controlling Authority as well as Appellate Authority are set aside. If the bank has deposited any amount before this Court or the authority under the Act of 1972 pursuant

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(3 of 3)

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[SAW-94/2021]

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to the impugned orders and judgment, the same shall be reimbursed forthwith. The appeals are allowed in these terms. No order as to costs.

¶39

(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

¶41

130-divya/-

Rajasthan Marudhara Gramin Bank v. the Appellate Authority Under Payment of Gratuity Act, 1972

Case brief

What is this about?

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Rajasthan Marudhara Gramin Bank v. the Appellate Authority Under Payment of Gratuity Act, 1972

Case brief

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