M/S Central Coalfields Limited vs Regional Labour Commissioner ...
2023 Latest Caselaw 527 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(C) No. 899 of 2011

                M/s Central Coalfields Limited           ...     ...     Petitioner
                                         Versus
                Regional Labour Commissioner (Central), Dhanbad and Ors.
                                                  ...        ...       Respondents
                                         ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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                For the Petitioner      : Mr. Bhaiya Vishwajeet Kumar, Advocate
                For the Respondents     : Mr. Nipun Bakshi, Advocate
                For the Resp. - UOI     : Mr. Anil Kumar, ASGI
                                        ; Mr. Shiv Kumar Sharma, C.G.C.
                                        ---
06/01.02.2023         Learned counsel for the parties are present.

2. In furtherance of the arguments advanced yesterday, learned counsel for the respondents has referred to a judgment passed by Hon'ble Supreme Court reported in (2005) 5 SCC 245 para 17 to submit that in the said case, there was specific provision entitling the employer to recover the dues from the gratuity amount. He submits that there is no such corresponding provision mentioned in the writ petition or in the impugned order enabling the petitioner to recover penal rent from the gratuity amount. The learned counsel submits that on the face of Section 13 of the Payment of Gratuity Act, the penal rent could not have been adjusted. The learned counsel has further submitted that without prejudice to the aforesaid submission, the records do not indicate whether any proceedings under the provisions of The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was initiated and any penal rent was ever quantified by any competent authority. For this, he has relied upon the judgment passed by this Court in L.P.A No.423 of 2018 with other analogous cases.

3. Upon this, learned counsel for the petitioner submits that the respondents is governed by NCWA VIII as is mentioned in the impugned order and he shall file supplementary affidavit to bring on record the enabling provision of the petitioner to adjust the penal rent from the gratuity amount. He also submits that he shall also bring on record if any proceedings was ever initiated against the petitioner under the provisions of aforesaid Act of 1971 and if so initiated, and if any order has been passed, the same will also be brought on record.

4. Learned counsel for the petitioner prays for and is allowed time till 15.02.2023 to file supplementary affidavit in the present case.

5. Post this case on 20.02.2023 under the heading for 'Final Disposal'.

6. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Saurav/