Patna High CourtL.P.A/283/2020withdrawn

Imarat E Shariah ( Bihar Orissa And Jharkhand ) v. The State Of Bihar

2021-07-29The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.283 of 2020 ====================================================== Imarat-E-Shariah ( Bihar Orissa and Jharkhand ) Phulwarisharif, P.s.- Phulwarisharif, District- Patna, through its Acting Secretary, Md. Shibli (Male), aged about 47 years, Son of Late Md. Shamshad ... ... Appellant/s

Versus

The State of Bihar through the Principal Secretary, Department of Labour Resource, Govt. of Bihar, Patna 2.

The Labour Commissioner-cum-appellate Authority (under the payment of Gratuity Act, 1972), Department of Labour Resource, Govt. of Bihar, Patna 3.

The Deputy Labour Commissioner-cum-Controlling Authority (under the payment of Gratuity Act, 1972), Patna Division, Patna 4.

Md. Nayeem Akhtar Son of md. Hali Resident of Mohalla- Isanagar, Nala Par, Naya Tola, Phulwarisharif, P.s.- Phulwarisharif, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Y.C.Verma, Sr. Advocate Mr.Quamar Raza, Advocate For the Respondent/s :

Mr.Ajay Kumar Rastogi, AAG 10 Ms. Smriti Singh, AC to AAG 10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-07-2021 Appellant has prayed for the following relief(s):- "For setting aside/quashing the order dated 21.01.2020 passed by the learned Single Judge in C.W.J.C. No. 22075 of 2019 dismissing the writ application filed by the Applicant."

Shri Y.C.Verma, learned Senior Counsel, appearing on behalf of the appellant, under instructions, seeks permission

Patna High Court L.P.A No.283 of 2020(2) dt.29-07-2021 2/2 to withdraw the present appeal reserving liberty to prefer appeal before the competent authority under the provisions of Payment of Gratuity Act, 1972.

Liberty granted.

As and when any such proceedings are initiated by the appellant, we hope and expect that the same shall be considered and decided expeditiously in accordance with law and preferably within a period of six months thereafter. Instant appeal stands dismissed as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini U