Executive Engineer Huda & ORS v. The Appellate Authority Under The Payment Of Gratuity Act Cum Joint Labour Commissioner Hry & ORS

CWP-7938-1997 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-7938-1997 Decided on : 12.02.2024 The Executive Engineer, Haryana Urban Development Authority and Ors.

. . . Petitioner(s)

Versus

The Appellate Authority and Ors.

. . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. R.S. Ghuman, Advocate for the petitioner(s).

None for the respondent(s).

**** SANJAY VASHISTH , J. (Oral) 1.

By way of present writ petition, petitioner - management i.e. office of the Haryana Urban Development Authority (Haryana Sehari Vikas Pradhikaran Limited), challenged the order dated 24.09.1996 (Annexure P1), passed by the Controlling Authority, under the Payment of Gratuity Act, 1972 (in short, 'the Act of 1972'), and also the order dated 29.03.1997 (Annexure P-3), whereby, appeal filed by it, was also dismissed. 2.

The writ is lying admitted before this Court since May 30, 1997, without there being any stay on the amount of gratuity, awarded in favour of respondent No.3 - Shiv Sagar Azad (employee). 3.

In the absence of any stay order, relief of gratuity, as awarded by learned Tribunal, might have been extended to the employee i.e. respondent No.3, and nothing substantial has been pointed out by the counsel for the petitioner to controvert the said position as on date. Therefore, this Court deems it appropriate to dispose of the present writ JAWALA RAM 2024.02.15 10:37 I attest to the accuracy and integrity of this document

CWP-7938-1997 - 2 - petition having been rendered infructuous by the efflux of time. Dismissed as having been rendered infructuous. However, liberty is granted to the parties to move an appropriate application for seeking revival of present writ petition, within eight weeks from today, in case any substantial cause to agitate or warranting decision on the issue raised, still exists.

(SANJAY VASHISTH) JUDGE February 12, 2024 J.Ram Whether speaking/reasoned:

Yes/No  Whether Reportable:

Yes/No  JAWALA RAM 2024.02.15 10:37 I attest to the accuracy and integrity of this document