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2025 DAILYLAW 163832 (ALL)

U.P. BEEJ VIKAS NIGAM (IN PETITION WRONGLY WRITTEN U.P. SEED DEVELOPMENT CORP.) THRU. M.D. AND ORS. v. JAWAHAR LAL

/216/2023 · 2025-01-09

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Judgment text

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Court No. - 1 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 216 of 2023 Applicant :- U.P. Beej Vikas Nigam (In Petition Wrongly Written U.P. Seed Development Corp.) Thru. M.D. And Ors. Opposite Party :- Jawahar Lal Counsel for Applicant :- V.P. Nag Counsel for Opposite Party :- Anand Kumar Singh,Divaker Man Singh Sengar Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J. C. M. Application No. 1 of 2023 [Application for condonation of delay] This is an application seeking review of the judgment and order dated 27.07.2023 passed by this Court in Special Appeal Defective No.496 of 2023. There is a delay of 40 days in filing the instant review application. Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay in moving the instant review application, we are satisfied that the delay has sufficiently been explained. Accordingly, the application for condonation of delay (C. M. Application No. 1 of 2023) is allowed and the delay in filing the special appeal is condoned. Office is directed to allot regular number to this review application. (Order on memo of Review Application) Sri V. P. Nag, learned counsel appearing for the review applicants-U.P. Beej Vikas Nigam has submitted that all service benefits on attaining the age of superannuation have been granted and released in favour of the respondent-employee except withholding a sum of Rs.27,000/- advanced to him towards festival allowance and Rs.213/- towards group insurance. Notice was issued to the respondent-employee and the same has been served upon him. Respondent is represented through Shri Divaker Singh and Shri Sengar Anand Kumar Singh, Advocates. When the case has been called out today, none has put in appearance on behalf of the respondent. Having regard to the submission that except a sum of Rs.27,213/- (festival advance - Rs.27,000/- and Rs.213/- for group insurance) all other service dues have been released. Reason for withholding the amount is that it is refundable by the employee to the employer and accordingly, the same has been recovered from the dues payable to the respondent employee. No other dispute survives between the parties. In view of the above, the review application is allowed with the direction that no other service benefits, except the aforesaid amount, if is withheld by the employer, may be released in his favour, if not already paid. The judgment and order sought to be viewed is modified to the aforesaid extent. . (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 9.1.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench