South Delhi Municipal Corporation v. Usha & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2590/2016 & CM No. 10996/2016 SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner Through: Mr. Nikhil Goel, Adv.

versus USHA & ORS ..... Respondents Through: Mr. Ripu Daman Bhardwaj, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 12.08.2016 Learned counsel for the petitioner submits that there is no adjudication regarding quantum of gratuity to be paid to respondent no.1, therefore, the impugned recovery certificate could not have been issued. Learned counsel for respondent no.2 submits that the remedy of statutory appeal under Section 7 of the Payment of Gratuity Act, 1972 has yet to be exhausted.

In these circumstances, learned counsel for the petitioner seeks to withdraw the petition and pursue appropriate remedies as per law. Dismissed as withdrawn. Liberty granted.

NAJMI WAZIRI, J AUGUST 12, 2016/kk