M/S Mukatsar Cotton Private Limited vs State Of Punjab And Others
2024 Latest Caselaw 9729 P&H

Punjab-Haryana High Court

M/S Mukatsar Cotton Private Limited vs State Of Punjab And Others on 6 May, 2024

240

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CWP-2013-2024
DECIDED ON: 06.05.2024

M/S MUKATSAR COTTON PRIVATE LIMITED
«PETITIONER
VERSUS
STATE OF PUNJAB AND OTHERS --)nn.,. RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present: Mr. P.K. Goklaney, Advocate, and Mr. Ashish Goklaney, Advocate, for the petitioner.

SANJAY VASHISTH, J (QRAL)

After hearing arguments, on 07.02.2024, following order

was passed by this Court:-

"Present: Mr. PK. Goklaney, Advocate and Mr. Ashish Goklaney, Advocate,

for the petitioner(s).

3K

1. Present writ petition has been filed by the petitioner -- Management, challenging the order dated

23.09.2023 (Annexure P-1), passed by the Appellate Authority, under the Payment of Gratuity Act, 1972- cum-Additional Labour Commissioner, Punjab, SAS Nagar Mohali.

2. Learned counsel for the petitioner submits that application filed by respondent No.4 (employee) for grant of gratuity on the basis of rendering of total service of 20 years in the Establishment wef. 20.02.1996 to 20.02.2016, was dismissed/rejected on the ground that in the Establishment, there were less than ten employee. Therefore, as per Section 1(3)(b) of the Payment of Gratuity Act, 1972 (in short, 'Act of 1972'), application is not maintainable.

3. During the course of proceedings before the Controlling Authority, relevant documentary evidence was also led by the petitioner -- Management/Establishment, but no evidence was led by the employee to contradict the same. However, Appellate Authority has assumed on its own that number of employees working in the Establishment were more than ten.

4. Notice of motion for 06.05.2024.

Let complete amount towards the gratuity along with its interest till date, be deposited in the shape of FDR from some Nationalized Bank, before the Controlling Authority within a period of two weeks from today. On such deposit, same

authenticity of this order/judgment

Chandigarh

shall not be disbursed to respondent No.4, till next date of hearing."

2. On the very outset, counsel for the petitioner seeks

withdrawal of the present writ petition.

3. Accordingly, present writ petition stands dismissed as withdrawn.

(SANJAY VASHISTH) 06.05.2024 JUDGE Lavisha

Whether speaking/reasoned _--_ Yes/No Whether reportable Yes/No

authenticity of this order/judgment