Decided On: 08.05.2023 vs Hp State Forest Corporation & ...
2023 Latest Caselaw 5208 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                                                 CWP No.8325 of 2022




                                                                             .

                                   Decided on: 08.05.2023
    __________________________________________________
    Asha Devi





                                                                                 .....Petitioner
                                       Versus
    HP State Forest Corporation & another
                                           ...Respondents





    ___________________________________________________
    Coram
    The Hon'ble Mr. Justice Vivek Singh Takur, Judge

    The Hon'ble Mr. Justice Sushil Kukreja, Judge

    1
        Whether approved for reporting?
    __________________________________________________
    For the petitioner:  Mr. Bonit Parkash, Advocate vice


                         Mr. A.K. Gupta, Advocate.
    For the respondents:                   Mr. Vinod Thakur, Advocate.




    Vivek Singh Thakur, Judge (Oral)

Petitioner has approached this Court mainly on the

following relief(s):-

"(i) That the respondents-corporation may be ordered to pay gratuity to the petitioner for the period her late husband remained on daily wage basis, by calculating the same, as per formula envisaged in the Payment of Gratuity Act, 1972 with all benefits

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

incidental thereof."

2. In reply to the petition, respondents have admitted

.

the right of the petitioner to receive gratuity and have submitted

that the same has been calculated for the period from

03.01.1995 to 31.08.2007 and a communication/office order

dated 06.02.2023 has also been placed on record alongwith the

reply, indicating the calculation made by the respondents.

3. Learned counsel for the petitioner submits that

petitioner shall be satisfied in case a time bound direction is

given to the respondents to release the gratuity amount, for

which petitioner is entitled to.

4. In view of the above, present writ petition is

disposed of with a direction to the respondents to release due

and admissible gratuity in favour of the petitioner on or before

31.08.2023, failing which, petitioner shall also be entitled for

interest on the arrears of pension @ 7.5% per annum.

5. In addition, petitioner shall also be entitled to avail

appropriate remedy for redressal of his grievance, if occasion

arises to do so.

6. Petition stands disposed of in the above terms, so

also pending miscellaneous application(s), if any.

.

                                            ( Vivek Singh Thakur )





                                                   Judge



                                               ( Sushil Kukreja )





    May 08, 2023                                     Judge
         (VH)