Rajasthan Marudhara Gramin Bank vs Bagtawar Ram
2022 Latest Caselaw 14367 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 577/2022

Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head Office, Tulsi Tower, 9th B Road, Sardarpura, Jodhpur.

----Appellant Versus Bagtawar Ram S/o Late Shri Mohal Lal, R/o 3-X-22, Rajasthan Housing Board, Kudi Bhagtasani, Jodhpur-342005.

                                                                 ----Respondent


For Appellant(s)          :     Mr. Bhavit Sharma
For Respondent(s)         :     Mr. S.P. Sharma

HON'BLE THE CHIEF JUSTICE MR.PANKAJ MITHAL HON'BLE MR. JUSTICE DINESH MEHTA

Order

07/12/2022

Mr. Bhavit Sharma, learned counsel appearing for the

appellant submits that a Division Bench of this Court vide order

dated 05.01.2022, passed in a bunch of appeals led by D.B.

Special Appeal (Writ) No.561/2020 (Rajasthan Marudhara Gramin

Bank, Jodhpur Vs. The Appellate Authority under the Payment of

Gratuity Act & Ors.) has reversed the order passed by the learned

Single Judge and has allowed the appeals filed against the

common order of the learned Single Judge that was passed on

16.10.2020.

It has further been brought to our notice that against the

above referred Division Bench Judgment, an SLP (SLP No.13688-

13690/2022) has been filed in which notices have been issued and

the same is pending consideration before Hon'ble the Supreme

Court. He therefore, prayed that the present appeal be kept

pending.

(2 of 2) [SAW-577/2022]

Having heard learned counsel for the rival parties, this Court

is of the view that the fate of the appellant and the respondent

herein will in any case be governed by the judgment of Hon'ble

the Supreme Court that would be rendered in the above referred

SLP (SLP No.13688-13690/2022) and other connected matters

and, therefore, no fruitful purpose would be served by keeping the

matter pending, particularly when Mr. S.P. Sharma, learned

counsel for the respondent and Mr. Bhavit Sharma, learned

counsel for the appellant have expressed that fate of their

respective client(s) be made subject to the judgment to be passed

by the Supreme Court in SLP No.13688-13690/2022 (supra).

In view of the aforesaid, the present appeal is disposed of in

terms of the Division Bench judgment dated 05.01.2022, passed

in D.B. Civil Special Appeal Writ No.561/2020. The same shall

remain subject to modification/alteration (if any) to be made by

Hon'ble the Supreme Court in the above referred SLP (SLP

No.13688-13690/2022).

Accordingly, the judgment of the learned Single Judge and

the orders passed by the Controlling Authority as well as Appellate

Authority are set aside. If the Bank has deposited any

amount/Bank guarantee before this Court or the authority under

the Act of 1972 pursuant to the impugned orders and the

judgment, the same shall be returned forthwith.

                                   (DINESH MEHTA),J                                        (PANKAJ MITHAL),CJ


                                    21-Ramesh/Pooja-









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