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Patna High CourtCWJC/13051/2021withdrawn

Dr. Rajendra Prasad Central Agricultural University v. The Union Of India

2022-04-20Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13051 of 2021 ====================================================== 1.

Dr. Rajendra Prasad Central Agricultural University through its Registrar, Pusa, Samastipur - 848125.

2.

The Registrar, Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi. 2.

The Controlling Authority, under Payment of Gratuity Act, 1972 - cum - Assistant Labour Commissioner (Central) Pakur (Jharkhand) - 816107. 3.

Tribeni Ray, aged about 61years, gender- male, son of late Fakira Ray, resident of Village - Harsinghpur Lautan, P.O. - TCA Dholi, P.S. - Sakra, District - Muzaffarpur - 843121.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D. K. Sinha, Sr. Advocate Mr. Chandra Mohan Singh, Advocate For the Union of Inida :

Dr. K. N. Singh, ASG with Mr. Praveen Kumar Sinha, Sr. Panel Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL ORDER 20-04-2022 Heard.

2. Present writ petition has been filed against the order passed by the Assistant Labour Commissioner (Central), Pakur, Jharkhand.

3. Dr. K. N. Singh, learned ASG has appeared and raised a preliminary objection that the petitioners have not filed appeal before the appellate authority and has come to this Court directly.

4. Mr. Singh assures that no objection regarding

Patna High Court CWJC No.13051 of 2021(5) dt.20-04-2022 2/2 expiry of limitation shall be raised as the order was passed during the COVID period. The submission of Sri Singh is acceptable to this Court.

5. Counsel for the petitioners fairly submits that he may be allowed to withdraw the writ petition with liberty to file the appeal before the appellate authority.

6. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid.

(Rajan Gupta, J) J. Alam/- U