Delhi High Court
National Agricultural ... vs Union Of India And Anr on 21 November, 2019
$~13 & 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision :- 21.11.2019
+ W.P.(C) 11404/2015
+ W.P.(C) 11418/2015
NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING
FEDERATION OF INDIA LTD ..... Petitioner
Through: Ms. Manu Bansal, Ms. Asmita
Duggal and Mr. Akash Saini, Advs.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. Anil Soni, CGSC with
Mr.Devesh Dubey, Adv. for R1.
Mr. Bharat Gupta and Mr. Varun Tyagi, Advs. for
R3.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The present writ petition filed by the employer assails the order
dated 22.07.2015 passed by the Controlling Authority under the
Payment of Gratuity Act, 1972 appointed by the Government of NCT
of Delhi, New Delhi ('Controlling Authority') on the ground that it
did not possess the jurisdiction to deal with the respondents' claim.
2. As noted in the last order, learned counsel for the respondent
no.3 had raised an objection regarding the maintainability of the
present petition in view of the remedy by way of appeal available to
WP (C) No.11404/2015 (connected) Page 1 of 3
the petitioner under Section 7(7) of the Payment of Gratuity Act,
1972. However, today he submits, on instructions from respondent
no.3, that in the light of the petitioner's plea that it was the
Controlling Authority under the Central Government which was the
correct forum to deal with the said respondent's claim, he has no
objection if the impugned order is set aside and the matter is
transferred to the Controlling Authority appointed by the Central
Government for fresh adjudication. In support of this contention, he
places reliance on the decision of this Court in Balsara Hygiene
Products Ltd. Vs. Appellate Authority (Under the Payment of
Gratuity Act) 2001 VI AD (Delhi) 415.
3. Learned counsel for the petitioner has no objection to the said
course of action and, accordingly, with the consent of the parties, the
impugned order dated 22.07.2015 passed by the Controlling Authority
under the Government of NCT, is set aside. The matter is transferred
to the Controlling Authority, Payment of Gratuity Act, as appointed
by the Central Government, which will proceed to decide the
respondent's claim petition after giving opportunity of hearing to both
sides. The parties are directed to appear before the Controlling
Authority, Payment of Gratuity Act appointed by the Central
Government on 19.12.2019.
4. It will be open for the respondent to approach the Controlling
Authority, Government of NCT with a copy of this order and seek
transfer of relevant records pertaining to its case to the Controlling
Authority appointed by the Central Government.
5. The amount deposited by the petitioner will be retained before
WP (C) No.11404/2015 (connected) Page 2 of 3
this Court and will remain subject to the outcome of the order passed
by the Controlling Authority, appointed by the Central Government.
6. The writ petition is disposed of in the aforesaid terms. It is
made clear that this Court has not expressed any opinion on the merits
of the case and it will be open for the Controlling Authority appointed
by the Central Government to examine the case on its own merits in
accordance with law. Keeping in view the fact that the matter has
remained pending for over four years before this Court, the
Controlling Authority is requested to deal with the respondent's claim
expeditiously
REKHA PALLI, J.
NOVEMBER 21, 2019
'SDP'
