M/S Ranjeet Kumar Dyers vs Mohan Swaroop Sharma And 2 Others
2024 Latest Caselaw 15773 ALL

Allahabad High Court

M/S Ranjeet Kumar Dyers vs Mohan Swaroop Sharma And 2 Others on 6 May, 2024

Author: Chief Justice

Bench: Chief Justice

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:80368-DB
 
Chief Justice's Court
 

 
Case :- SPECIAL APPEAL No. - 225 of 2024
 
Appellant :- M/S Ranjeet Kumar Dyers
 
Respondent :- Mohan Swaroop Sharma And 2 Others
 
Counsel for Appellant :- Abhishek Gupta
 
Counsel for Respondent :- C.S.C.,Rajesh K.S. Chaudhary
 

 
Hon'ble Arun Bhansali,Chief Justice
 
Hon'ble Vikas Budhwar,J.
 

1. The appeal is directed against order dated 01.02.2024 passed by learned Single Judge in Writ-C No. 42472 of 2017 when challenge was laid to the appellate order dated 02.08.2017 passed under Section 7 (7) of Payment of Gratuity Act, 1972 allowing the appeal of Respondent No. 3 in the petition and setting aside the order of the prescribed authority awarding gratuity of Rs.1,39,327/- along with interest.

2. It is submitted by learned counsel for the respondents, that in view of judgment in Sheet Gupta v. State of U.P. and Others AIR 2010 ALL 46 (FB), the appeal is not maintainable.

3. Learned counsel for the appellant attempted to make submissions to indicate that the appeal is maintainable.

4. The learned Single Judge after hearing the parties set aside the order passed by the Appellate Authority and restored the order of the prescribed authority.

5. In view of provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 and the determination made by the full Bench in the case of Sheet Gupta (supra) and the fact that payment of gratuity falls within the Concurrent List Entry 24 pertaining to welfare of labour as laid by the Madras High Court passed in W.P. No.17569 of 2000, Arulmigu Dhandayuthapaniswamy Temple, Palani vs. The Appellate Authority and others, decided on 13.03.2003, the order under challenge before learned Single Judge being appellate order, the special appeal filed by the appellant is not maintainable. The same is, therefore, dismissed.

 
Order Date :- 6.5.2024
 
N.S.Rathour/A.Prajapati
 
(Vikas Budhwar, J.)    (Arun Bhansali, C.J.)