The Sub-Area Manager, Ballarpur Sub-Area Of Wcl, Post Ballarpur, Chandrapur v. Appellate Auth. Under Payment Of Gratuity Act, And Dy. Chief Labour Commissioner (Central) And ORS

2024:BHC-NAG:2530 5-caw696.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (W) NO. 696 OF 2024 IN WRIT PETITION NO. 5150 OF 2023 (D) The Sub-Area Manager, Ballarpur -Vs.- Appellate Authority under Payment of Gratuity Act, 1972 & Deputy Chief Labour Commissioner (Central) Nagpur and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Rohit Joshi, counsel for the applicant-respondent No.3-Kankam Kumar Yellaya.

Mr. Pushkar Ghare, counsel for the petitioner. CORAM : AVINASH G. GHAROTE, J.

DATE : 1ST MARCH, 2024 The application seeks clarification of the order dated 14/12/2023, on the ground, that in view of the last sentence of the said order in para-6, the Authorities are construing the same as an embargo to pay the gratuity and interest thereupon. It is clarified that the last sentence in para-6 of the order dated 14/12/2023, which makes the payment of gratuity to the respondent No.3-Kankam Kumar Yellaya would be subject to the result of the appeal, does not create an embargo upon the Authorities to make payment of the gratuity and interest thereupon to the respondent No.3-Kankam Kumar Yellaya. The payment therefore will have to be made to the respondent No.3 and in case the second appeal is decided against him in that KHUNTE

5-caw696.24.odt 2/2 eventuality, the respondent No.3 would be liable to refund back to the same to the petitioner. The application is accordingly allowed and disposed of in the above terms. JUDGE Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 02/03/2024 10:28:19 KHUNTE