WPSS/594/2021
2022 Latest Caselaw 549 UK

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                                     WPSS No.594 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Mahavir Singh Kohli, Advocate, holding brief of Mr. Harendra Belwal, Advocate, for the petitioner.

Mr. Aakib Ahmed, Advocate, holding brief of Mr. Ashish Joshi, Advocate, for the respondent.

Mr. Subhash Upadhayay, Advocate, for the respondent.

The petitioner who was initially appointed with the U.P. Cooperative Federation on 28.04.1981, his services stood merged with the Uttarakhand Cooperative Federation in 2005, and while discharging his duties as an Assistant with the Uttarakhand Cooperative Federation, he has attained the age of superannuation in February, 2014.

He submits that he would be entitled for the gratuity amount as well as the leave encashment amount for the period of services which he has rendered with the U.P. Cooperative Federation, because as far as the Uttarakhand Cooperative Federation is concerned, they have already remitted the total dues to the tune of Rs.3,96,939/-. Its rather now the U.P. Cooperative Federation, which has now to pay the balance amount for the period of services which was rendered by the petitioner prior to his merger of services with the Uttarakhand Cooperative Federation in 2005, and hence the claim has been raised by the petitioner is to the tune of Rs.8,76,686/- from the U.P. Cooperative Federation.

The issue pertaining to the liability of the remittance of the gratuity and leave encashment amount for the period of services rendered by the employees in the U.P. Cooperative Federation prior to the merger of services with the Uttarakhand Cooperative Federation, was initially considered by the Division Bench, based on which, this Court has passed a judgment on 28.01.2022 in a bunch of Writ Petitions, with the leading Writ Petition S/S No.1348 of 2020, "Madho Singh Negi Vs. Registrar, Cooperative Societies and others", Learned counsel for the U.P. Cooperative Federation, do not dispute the fact, that the issue stands covered by the judgment dated 28.01.2022. Hence, this writ petition too would stands disposed of in terms of the aforesaid judgment.

(Sharad Kumar Sharma, J.) 05.03.2022

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