Chattisgarh High Court
Chhattisgarh Rajya Gramin Bank vs Gautam Prasad Das on 2 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No.98 of 2021
Chhattisgarh Rajya Gramin Bank Through The Chairman,
Mahadev Ghat Road, Sunder Nagar, Raipur, CG 492013
----Appellant
Versus
1. Gautam Prasad Das, S/o Late Shri Trilochan Prasad Das, R/o
House No.SMC/41, Vaishali Nagar, Old Shiv Temple, Bhilai, District
Durg, CG, 490023
2. The Appellate Authority under the Payment of Gratuity Act & the
Deputy Labour Commissioner (C), Government of India, Ministry of
Labour & Employment, Raipur, Chhattisgarh
3. The Controlling Authority and the Assistant Labour Commissioner
(C) Raipur, Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr.Sabyasachi Bhaduri, Advocate
For Respondent No.1 : None present
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Smt.Rajani Dubey, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
02.02.2023
Heard Mr.Sabyasachi Bhaduri, learned counsel for the appellant.
2. Notice to respondent No.1 was sent by registered post with A/D on
18.08.2022.
3. Office note dated 31.01.2023 goes to show that service report is still
awaited.
4. Having regard to the period that has elapsed from sending of notice
by registered post with A/D, service on respondent No.1 is presumed.
5. None appears for respondent No.1.
6. Mr.Bhaduri submits that this case is covered by the judgment dated
28.01.2021 passed in Chhattisgarh Rajya Gramin Bank through the
Chairman v. Arun Phansalkar and others and other connected cases
(WA No.436 of 2020 and batch), reported in 2021 SCC OnLine Chh 473.
7. This writ appeal arises out of an order dated 27.11.2020 passed by
the learned Single Judge in WPL No.82 of 2020. The order reads as
follows:-
"1. The facts and grounds raised in the present Writ
Petition already have been decided by this Court in a
bunch of Writ Petitions, leading case of which being WPL
No. 55/2020, decided on 31.8.2020.
2. In view of the fact that this Court has already by a
detailed order dismissed the aforesaid bunch of Writ
Petitions preferred by the Petitioner, the present Writ
Petition also would stand dismissed on the similar terms.
3. Let a copy of the order passed on 31.8.2020 in WPL
No. 55/2020 & other connected bunch of Writ Petitions be
made a part of this order also.
4. Writ Petition accordingly stands dismissed."
8. A perusal of the order dated 28.01.2021 passed in Arun Phansalkar
(supra) goes to show that by the aforesaid judgment, WA No.446 of 2020
(Chhattisgarh Rajya Gramin Bank through Chairman v. Meghraj Pathak
and others) was also decided. WPL No.55 of 2020, as noted by the learned
Single Judge, had given rise to WA No.446 of 2020.
9. We are satisfied that this case is covered by the judgment rendered
by this Court in Arun Phansalkar (supra).
10. In Arun Phansalkar (supra), this Court held as follows:-
"29. In the light of the above discussion, we find that the
orders passed by the Controlling Authority and the Appellate
Authority impugned in the writ petitions and the common
verdict passed by the learned Single Judge are not liable to
be sustained. They are set aside accordingly and the Claim
Petitions stand dismissed. The Writ Appeals are allowed. No
costs."
11. In view of the above, the present appeal, accordingly, stands allowed
in terms of the order dated 28.01.2021 passed in Arun Phansalkar (supra).
Sd/- Sd/-
(Arup Kumar Goswami) (Rajani Dubey)
Chief Justice Judge
Bablu
