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High Court of Himachal Pradesh · body

2025 DAILYLAW 19547 (HP)

BAJRANG POWER AND ISPAT LIMITED v. LABOUR OFFICER, SHIMLA ZONE AND OTHERS

CMPMO/448/2020 · 2025-05-27

Bipin Chander Negi

body2025

Judgment text

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2025:HHC:16195 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.448/2020 Date of Decision: 27th May, 2025 Bajrang Power and Ispat Ltd. ....Petitioner Versus Labour Officer & Ors. ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Rahul Mahajan, Advocate. For the Respondents: Mr. Diwakar Dev Sharma, Addl. Advocate General, for respondent No.1/State. Mr. Vivek Sharma, Advocate, for respondent No.2. None for respondents No.3 and 4. ` Bipin Chander Negi, Judge (oral). Present petitioner is respondent No.1 before the Labour Officer-cum-Controlling Authority under the Payment of Gratuity Act, 1972. 2. Heard counsel for the parties and perused the impugned order, petition and documents appended along with. 3. Pending adjudication before the said authority is an application preferred by the present respondent No.2, claiming gratuity under the Payment of Gratuity Act, 1972. In the said proceedings, an application has been filed on behalf of the present petitioner i.e. (respondent No.1 before the authority) claiming that the authority trying the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 2025:HHC:16195 matter has no jurisdiction to try the same. The said application has been placed on record as Annexure P-1. Reply thereto also stands filed. The matter has now been posted for final hearing before the authority i.e. respondent No.1 in the present proceedings. Needless to say, while hearing the entire issue, the issue of jurisdiction of the authority to try an application for claim of gratuity on behalf of present respondent No.2 (Applicant before the said authority) shall also be considered. 4. In view thereof, present proceedings are disposed of and parties are directed to appear before the authority on 20.06.2025. 5. A submission has been made by the counsel for the petitioner that certified copies of the zimni orders and documents filed in the proceedings are not being provided to either the party to a lis pending adjudication before the authority concerned or the parties counsel. Needless to say that when the parties or their counsels apply on an appropriate form for copies of zimni orders, documents in the case, a certified copy of the same should be made available to the counsel for the parties forthwith. The counsels/parties should not be relegated to the Right to Information Act for obtaining copies of zimni orders and the documents in a proceeding before the authority. 3 2025:HHC:16195 6. In view of the aforesaid, present petition disposed of, so also the pending miscellaneous application(s), if any. (Bipin Chander Negi) Judge 27th May, 2025 (Gaurav Rawat)