M.D. Up State Agro Industrial ... vs Shyama Devi Yadav And Another
2023 Latest Caselaw 13183 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 17326 of 2018
 

 
Petitioner :- M.D. Up State Agro Industrial Corporation Lucknow
 
Respondent :- Shyama Devi Yadav And Another
 
Counsel for Petitioner :- Rajeev Kumar Sinha
 
Counsel for Respondent :- C.S.C.,Bhagwan Prakash Misra,Mohmmed Tariq,Sanjay Singh
 

 
Hon'ble Vivek Chaudhary,J.

1. Petitioner department has approached this Court challenging the order dated 31.01.2018 passed by the prescribed authority/Deputy Labour Commissioner under the provisions of Payment of Gratuity Act, 1972 whereby husband of respondent no.1 late Nathu Ram Yadav is held entitled for payment of gratuity and accordingly directions are issued for payment of the same.

2. In the impugned order specific finding is given that husband of respondent no.1 late Nathu Ram Yadav was appointed on 11.01.1973 and retired on 04.01.2003. The said facts are not disputed by petitioner.

3. Learned counsel for petitioner states that a criminal case was initiated against late Nathu Ram Yadav and other persons and he was suspended. The said inquiry continued and, thus, late Nathu Ram Yadav remained under suspension.

4. It is not in dispute that the said criminal case concluded by judgment and order dated 12.11.20213. Since husband of respondent no.1 had expired during pendency of criminal case and, hence, proceedings were dropped against him. Other than that, there is no disciplinary order passed with regard to husband of respondent no.1. There is nothing on record to show that services of late husband of respondent no.1 Nathu Ram Yadav were ever terminated. Thus, he was entitled for payment of gratuity and the same cannot be denied to him.

5. In view thereof, no interference with the impugned order is called for.

6. The writ petition is dismissed.

7. Half of the amount deposited by petitioner before this Court under the interim order dated 31.05.2018 be released in favour of respondent no.1 forthwith.

8. Further consequences to follow.

Order Date :- 27.4.2023

Arti/-

[Vivek Chaudhary,J.]