K.L. Mehta Dayanand Public Senior Secondary School v. Appellate Auth Ority Under The Payment Of Gratuity Act Cum Depty Lab. Comm. Faridabad

CWP-19198-2013 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-19198-2013 Decided on : 29.02.2024 K.L. Mehta Dayanand Public Sr. Secondary School, Faridabad . . . Petitioner(s)

Versus

Appellate Authority under the Payment of Gratuity Actcum-Deputy Labour commissioner, Faridabad and Ors. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. P.K. Mutneja, Sr. Advocate with Mr. Viranjeet Singh Mahal, Advocate for the petitioner(s).

Ms. Kamaldeep Kaur, Advocate for Mr. A.S. Chadha, Advocate for respondent No.2.

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

Present writ petition has been filed for quashing of the order dated 17.07.2013 (Annexure P-10), passed by respondent No.1 - Appellate Authority under the Payment of Gratuity Act, 1972-cum-Deputy Labour Commissioner, Faridabad, and order dated 29.11.2012 (Annexure P-8), passed by respondent No.2 - Controlling Authority under the Payment of Gratuity Act, 1972, vide which, directed the petitioner to pay the gratuity amount of Rs.1,27,369/- along with interest @ 12% from the date of filing of the application, till its realization.

2.

Learned Senior counsel for the petitioner submits that in regard to the dispute raised through present writ petition by the petitioner, the Hon'ble Apex Court in Independent Schools' Federation of India (Regd.) vs. Union of India and another; (Civil Appeal No.8162 of 2012), Decided JAWALA RAM 2024.03.01 18:08 I attest to the accuracy and integrity of this document

CWP-19198-2013 - 2 - on 29.08.2022, has cleared the position of the law. Accordingly, as per law, the amount has been paid to the employee i.e. respondent No.3, in the present case. Thus, all the claims raised by him are satisfied. 3.

Counsel appearing on behalf of respondent No.3 also confirms the fact stated by learned Senior counsel.

4.

In the factual background, as stated above, learned Senior counsel for the petitioner, seeks withdrawal of present writ petition. 5.

Dismissed as withdrawn.

(SANJAY VASHISTH) JUDGE February 29, 2024 J.Ram Whether speaking/reasoned:

Yes/No  Whether Reportable:

Yes/No  JAWALA RAM 2024.03.01 18:08 I attest to the accuracy and integrity of this document