Winsome International Limited, v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4466 of 2022 ====================================================== Winsome International Limited, a Company incorporated under Indian Companies Act, 1956 having its registered office at 5th Floor, 16a Brabourne Road, Kolkata 700001, proprietor of M/s Rameshwara Jute Mills, Muktapur, P.O. Navrant, Samastipur, District - Samastipur, Bihar through its Authorized Representative namely Kumar Rajesh, Son of Late Suresh Chandra Prasad, aged about 53 years, R/o Chhapra Colony, New Jakkanpur, P.O. Patna GPO, P.S. - Jakkanpur, Patna 800001, Bihar.

... ... Petitioner/s

Versus

1.

The Union of India, through Secretary, Ministry of Labour and Employment, Government of India.

2.

The Deputy Labour Commissioner Cum Controlling Authority of Payment of Gratuity Act 1972, Darbhanga Division, Darbhanga. 3.

The District Magistrate, Samastipur, Bihar.

4.

The Deputy Collector Cum Certificate Officer, Samastipur, Bihar. 5.

Ram Das, Son of Late Laxman Das, Resident of Village - Basudeopur, P.O. - Basudeopur, P.S. - Kalyanpur, District - Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddhartha Prasad, Advocate For the Respondent/s :

Mr. Pradeep Kumar, Sr. CGC Mr. Kumar Sachin, CGC For the State :

Mr. Raghwendra Kumar, SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 30-06-2022 The petitioner has prayed for quashing of ex parte order dated 28th November, 2019 passed by the Deputy Labour Commissioner-cum-Controlling Authority of payment of Gratuity Act, 1972, Darbhanga Division, Darbhanga whereby the petitioner has been directed to pay Rs. 206798/- as interest to respondent no. 5. Petitioner has further prayed for staying the

Patna High Court CWJC No.4466 of 2022(3) dt.30-06-2022 2/2 Certificate Proceeding and also quashing the same. Learned counsel for the petitioner has placed reliance on order dated 05.05.2022 passed by a co-ordinate Bench in CWJC No. 4319 of 2022.

Learned counsel appearing for the State does not dispute the ratio of the said judgment.

Under the circumstances, the instant case is disposed off in the same terms.

(Rajan Gupta, J) (Shailendra Singh, J) P. Kumar U