M/S Hindustan Everest Tools Ltd vs Samey Ram And Ors
2023 Latest Caselaw 3615 P&H

                                                     Neutral Citation No:=2023:PHHC:049898




                                             2023:PHHC:049898
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112-6       IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                CM-4744-CWP-2023 in/and
                                CWP-2788-2021 (O&M)

                                Date of decision : 11.04.2023


Hindustan Everest Tools Ltd.                        ...Petitioner

                                Vs.

Samey Ram and others                                ...Respondents

CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:    Mr. Ramesh Goyat, Advocate
            for applicant-respondent No.1.

            Mr. Sukhdeep Parmar, DAG, Haryana.

                         ***
MANOJ BAJAJ, J.

CM-4744-CWP-2023

The applicant-respondent No.1 has moved this application under

Section 151 CPC for disposal of the main writ petition, in the light of the

judgment dated 19.12.2022 (Annexure A-1) passed in LPA-424-2020, "M/s

Hindustan Everest Tools Ltd. Vs. Inderjeet and others".

Learned counsel for the applicant submits that vide order dated

04.08.2022, this writ petition was adjourned sine die to await the decision of

LPA No.424-2020 and the same has been decided. He prays that in view of the

judgment dated 19.12.2022, the present writ petition be also decided.

Notice in the application.

At this stage, Mr. Ashwani Talwar, Advocate appears and accepts

notice on behalf of petitioner and does not dispute the above stand of the

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Neutral Citation No:=2023:PHHC:049898

2023:PHHC:049898

learned counsel for the applicant.

For the reasons mentioned in the application, same is allowed and

on oral request of learned counsel for the parties, the date of hearing of the

main petition is pre-poned to today.

Main case

Petitioner has filed this writ petition under Article 226

Constitution of India to challenge the order dated 18.11.2020 (Annexure P-37)

passed by appellate authority under the Payment of Gratuity Act, 1972,

whereby it has upheld the decision dated 04.01.2019 (Annexure P-35) passed

by the controlling authority, Payment of Gratuity Act, Circle-I, Sonepat,

directing Payment of Gratuity to workman-respondent No.1.

During the course of hearing, it is not disputed by learned counsel

for the parties that the issues raised in this writ petition are identical to the

subject matter contained in the LPA No.424-2020, and arise from the same

cause of action, which has been decided against the writ petitioner. Mr. Talwar,

learned counsel for the petitioner states that the correctness and validity of the

similar impugned decision stands upheld by the Division Bench in decision

dated 19.12.2022, and it squarely covers the issues raised in this writ petition

on merits.

In view of the above common stand of the learned counsel for the

parties, the writ petition is dismissed.

                                                    (MANOJ BAJAJ)
                                                       JUDGE
11.04.2023
vanita
             Whether speaking/reasoned :      Yes            No
             Whether Reportable :             Yes            No

Neutral Citation No:=2023:PHHC:049898

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