SPA/449/2021
2022 Latest Caselaw 1848 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 SPA No. 449 & 452 of 2021
                                 Shri Sanjaya Kumar Mishra, ACJ.
                                 Shri Ramesh Chandra Khulbe, J.

Shri Sandeep Kothari, learned counsel for the appellants.

Shri Harendra Belwal, learned counsel for the respondents no. 1 and 2.

Shri B.S. Parihar, learned Standing Counsel for the State of Uttarakhand/ respondent no. 3.

It appears from the submissions made by learned counsel for the parties that the only question which is to be decided in these two appeals is - whether an employee, who has worked as daily wager, shall be entitled to claim gratuity or pension by including the service rendered by him as daily wager.

It is apparent from the documents placed by learned counsel for the appellants that in the case of Dhansai Sahu Vs. State of Chhattisgarh arising out of SLP (Civil) No. 4790 of 2019, wherein similar controversy has raised, has been referred to a larger Bench by the Hon'ble Supreme Court vide order dated 21.01.2020. In that view of the matter, it is appropriate for us to wait for the judgment passed by the larger Bench of Hon'ble Supreme Court.

List on 08.08.2022.

In the meantime, since the matter has been referred to the larger Bench by the Hon'ble Supreme Court, the proceedings of Civil Contempt pending against the appellant shall be kept in abeyance.

(R.C. Khulbe, J.) (S. K. Mishra, ACJ.) 27.06.2022 SKS