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2025 DAILYLAW 133258 (ALL)

INSTITUTE OF ENVIRONMENT AND MANAGEMENT,LKO. THRU. GENERAL SECY. DR. PRADEEP KUMAR v. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT CUM ASST. LABOUR COMMISSIONER,LKO. AND 2 OTHERS

/3629/2024 · 2025-08-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45150 Court No. - 6 Case :- WRIT - C No. - 3629 of 2024 Petitioner :- Institute Of Environment And Management,Lko. Thru. General Secy. Dr. Pradeep Kumar Respondent :- Controlling Authority Under Payment Of Gratuity Act Cum Asst. Labour Commissioner,Lko. And 2 Others Counsel for Petitioner :- Abhaya Kumar Dixit,Amit Verma,Atul Kumar Dixit Counsel for Respondent :- C.S.C.,Ravindra Kumar Yadav Hon'ble Pankaj Bhatia,J. 1. Heard counsel for the petitioner. 2. No one appears on behalf of the opposite parties, despite the telephonic conversation made by the Bench Secretary of this Court. 3. The present writ petition has been filed challenging the order dated 18.03.2024, whereby an application for recalling an order dated 08.08.2023 was rejected. 4. The neat submission of the counsel for the petitioner is that an award came to be passed on 08.08.2023 under the Payment of Gratuity Act, which was an ex-parte order. The petitioner moved an application for recall of the said order, which has been rejected only on the ground that there is no provision for recall of the order. 5. Counsel for the petitioner places reliance on Rule 11(v) of U.P. Payment of Gratuity Rules,1975 and relied on the proviso to the said Rule, to argue that there is a specific power to recall the order. 6. In view of the proviso to Rule 11(v), whereby there is specific power to recall the order, passed ex-parte, the impugned order dated 18.03.2024 cannot be sustained and is hereby quashed. The writ petition is allowed. 7. The matter is remanded back to the authority concerned to decide the recall application afresh and in accordance with the mandate of proviso to Rule 11(v) of U.P. Payment of Gratuity Rules, 1975 afresh. (Pankaj Bhatia, J.) Order Date :- 4.8.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench