Date Of Decision: 27Th May vs Labour Officer & Ors
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Himachal Pradesh High Court

Date Of Decision: 27Th May vs Labour Officer & Ors on 27 May, 2025

2025:HHC:16195

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Date of Decision: 27th May, 2025

Bajrang Power and Ispat Ltd. ....Petitioner Versus

Labour Officer & Ors. ....Respondents Coram The Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1

For the Petitioner: Mr. Rahul Mahajan, Advocate.

For the Respondents: Mr. Diwakar Dev Sharma, Addl. Advocate General, for respondent No.1/State.

                                           Mr.   Vivek  Sharma,               Advocate,      for
                                           respondent No.2.

     `
                                           None for respondents No.3 and 4.

                Bipin Chander Negi, Judge (oral).

Present petitioner is respondent No.1 before the

Labour Officer-cum-Controlling Authority under the

Payment of Gratuity Act, 1972.

2. Heard counsel for the parties and perused the

impugned order, petition and documents appended along

with.

3. Pending adjudication before the said authority is an

application preferred by the present respondent No.2,

claiming gratuity under the Payment of Gratuity Act, 1972.

In the said proceedings, an application has been filed on

behalf of the present petitioner i.e. (respondent No.1

before the authority) claiming that the authority trying the

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

2025:HHC:16195

matter has no jurisdiction to try the same. The said

application has been placed on record as Annexure P-1.

Reply thereto also stands filed. The matter has now been

posted for final hearing before the authority i.e.

respondent No.1 in the present proceedings. Needless to

say, while hearing the entire issue, the issue of jurisdiction

of the authority to try an application for claim of gratuity

on behalf of present respondent No.2 (Applicant before the

said authority) shall also be considered.

4. In view thereof, present proceedings are disposed

of and parties are directed to appear before the authority

on 20.06.2025.

5. A submission has been made by the counsel for the

petitioner that certified copies of the zimni orders and

documents filed in the proceedings are not being provided

to either the party to a lis pending adjudication before the

authority concerned or the parties counsel. Needless to

say that when the parties or their counsels apply on an

appropriate form for copies of zimni orders, documents in

the case, a certified copy of the same should be made

available to the counsel for the parties forthwith. The

counsels/parties should not be relegated to the Right to

Information Act for obtaining copies of zimni orders and

the documents in a proceeding before the authority.

2025:HHC:16195

6. In view of the aforesaid, present petition disposed

of, so also the pending miscellaneous application(s), if any.

(Bipin Chander Negi) Judge 27th May, 2025 (Gaurav Rawat)