Amar Singh vs State Of Himachal Pradesh And ...
2022 Latest Caselaw 11839 HP

                                                     1




    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      Civil Writ Petition No.8965 of 2022
                                      Date of decision : 30th December, 2022




                                                                                 .

    Amar Singh                                                            ...... Petitioner

                                      Versus





    State of Himachal Pradesh and others                                  ......Respondents
    Coram:
    The Hon'ble Ms. Justice Sabina, Judge.
    The Hon'ble Mr. Justice Sushil Kukreja, Judge.





    Whether approved for reporting?1

    For the Petitioner         :      Ms. Babita Chauhan, Advocate on behalf of
                                      Mr. A.K. Gupta, Advocate.
    For the Respondents :
                         r            Mr. Vikrant Chandel, Deputy Advocate General.

    Sabina, Judge (oral)

Petitioner has filed the petition under Article 226 of the Constitution of

India, seeking following relief(s):-

"i. That the respondents may be ordered to pay gratuity

to the petitioner, in terms of the notification dated 8.1.2021, with all benefits incidental thereof."

2. Learned counsel for the petitioner has submitted that respondents are

liable to calculate the gratuity amount of the petitioner for the period he

remained on daily wage basis as per "The Payment of Gratuity Act, 1972".

Learned counsel has further submitted that, at this stage, the petitioner would

be satisfied in case the respondents are directed to consider the case of the

petitioner in light of the Office Memorandum dated 08.01.2021 (Annexure

P-1).

1 Whether reporters of Local Papers may be allowed to see the judgment?

3. Accordingly, without adverting to the merits of the case, we deem it

appropriate to dispose of the writ petition with a direction to the respondents

to consider the case of the petitioner and pass appropriate orders in light of

.

the Office Memorandum dated 08.01.2021 (Annexure P-1), within a period of

two months from today.

4. Pending miscellaneous application(s), if any, shall also stand disposed

of.

To come up for compliance, on 2.3.2023.

                     r              to                          ( Sabina )
                                                                  Judge

                                                           ( Sushil Kukreja)
                                                                Judge
    December 30, 2022 (ks)