High Court Of ChhattisgarhWPS/4655/2019disposed off

M. Appa Rao v. Union Of India

2019-06-27Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4655 of 2019 M. Appa Rao S/o Shri M. Appalaraju Aged About 69 Years R/o A / 1303 Kaveri Vihar, N T P C , Korba District - Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through - The Secretary, Ministry Of Energy And Power North Block New Delhi, Pin - 110001, District : New Delhi, Delhi

2. Additional General Manager, ( Mgr ) National Thermal Power Corporation Korba, Post And District - Korba Chhattisgarh., District : Korba, Chhattisgarh

3. Additional General Manager (Finance And Accounts ) National Thermal Power Corporation Korba, Post And District Korba Chhattisgarh., District : Korba, Chhattisgarh

4. Deputy Manager Department Of Human Resources, N.T.P.C. Korba, Western Region - Ii, Headquarter Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Vikash Pandey, Advocate For Respondent No. 2 to 4 :

Mr. B. D. Guru, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 27/06/2019

1. The claim of the petitioner in the present writ petition is for release of gratuity and other retiral dues which the petitioner is entitled for.

2. Counsel for the petitioner submits that he was initially engaged in the year 1988 and retired in the year 2017. However, on his retirement he has not been paid gratuity and other retiral dues.

3. Perusal of the records would infact show that the petitioner was not a regular employee of the respondent- NTPC and the document shows

that the petitioner in between was engaged/appointed by the Utility Power Tech Limited which is a joint venture project of Reliance Infrastructure and NTPC Limited.

4. Given the facts, this Court is of the opinion so far as release of gratuity is concerned, let petitioner approach the controlling authority under the Payment of Gratuity Act. So far as his other retiral dues are concerned, let petitioner approach the competent authority under Utility Power Tech Limited Company for release of the same by making suitable representation and the authority concerned shall consider and decide the representation on its merits thereafter.

5. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit