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High Court of Punjab and HaryanaCWP/11112/2023disposed of

Managing Director, Haryana State Co-Operative Supply And Marketing Federation Ltd. v. Satvir Singh Gautam And Others

2026-02-11Mr. Justice Kuldeep Tiwari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : February 11, 2026 MANAGING DIRECTOR, THE HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LTD. -PETITIONER V/S SATVIR SINGH GAUTAM AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Padamkant Dwivedi, Advocate, with Ms. Anshu Gupta, Advocate, and Ms. Ayushi, Advocate for the petitioner.

Mr. Diwan S. Adlakha, Advocate for the respondent No.1.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, the petitioner/management has assailed the order dated 30.03.2022, passed by the respondent No.3, whereby the application preferred by the respondent No.1/workman was allowed and the petitioner was directed to deposit a sum of ₹6,68,382/- towards gratuity, along with interest @ 9% per annum from the date of filing of the claim application, i.e. 17.12.2018, till the date of actual payment. Moreover, challenge is laid to the order dated 15.02.2023, passed by the respondent No.2, whereby the appeal filed by the petitioner was dismissed.

2.

Learned counsel for the petitioner submits that the sole impediment to the release of gratuity is the pendency of a chargesheet issued

to the workman.

3.

During the previous hearing, this Court specifically queried learned counsel for the petitioner as to whether the management possesses the authority to withhold gratuity merely on account of a pending chargesheet containing allegations of financial loss. Today, learned counsel for the petitioner, on instructions, fairly submits that the management shall conclude the disciplinary proceedings arising out of the chargesheet within a period of two months and, thereafter, take a final decision regarding the entitlement of the workman to consequential benefits. 4.

Per contra, learned counsel for the workman submits that the chargesheet has been pending since 12.08.2014 and was assailed by the workman by filing CWP-7559-2015 before this Court, wherein interim stay was granted restraining the management from proceeding further. It is submitted that the said writ petition has since been dismissed as withdrawn vide order dated 26.08.2025 and, therefore, no legal impediment now survives for the management to conclude the departmental proceedings. Accordingly, it is requested that the management be directed to conclude the disciplinary proceedings within a time-bound period. 5.

Considering the innocuous and bona fide prayer made on behalf of the workman, this Court deems it appropriate to dispose of the instant writ petition with a direction to the management to conclude the departmental proceedings initiated against the workman within a period of two months from today. Also, the workman shall extend full cooperation to ensure that the proceedings are concluded within the stipulated time period. It is further clarified that the parties shall be at liberty to move an

appropriate application for revival of the instant writ petition in the event any grievance arises.

6.

Disposed of accordingly.

(KULDEEP TIWARI) February 11, 2026 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No