1 2025:CGHC:37460-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 552 of 2025 Mathew Jacob S/o Late K.M. Jacob, Aged About 68 Years Ex-Technician (Planning), Tpni (E), Department, Bhilai Steel Plant, Bhilai R/o Qtr. No. 3/ B, Street No. 16, Sector-2, Bhilai, District Durg Chhattisgarh. ... Petitioner(s) versus 1 Bhilai Steel Plant Through Chief Executive Officer, Bhilai Steel Plant, Bhilai, District - Durg Chhattisgarh. 2 Appellate Authority Under The Payment Of Gratuity Act, 1972 And Dy. Chief Labour Commissioner (C) Raipur Chhattisgarh. 3 Controlling Authority Under The Payment Of Gratuity Act, 1972 And Assistant Labour Commissioner (C) Raipur Chhattisgarh ... Respondent(s) For Appellants : Mr. B. Gopa Kumar, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 31.07.2025 1. Heard Mr. B.Gopa Kumar, learned counsel for the appellant. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.04 14:31:48 +0530 2 2. The present writ appeal is directed against the order dated 27.02.2025 passed by learned Single Judge of this Court in WPL No. 64 of 2020, whereby the writ petition filed by respondent / writ petitioner was allowed. 3. Learned counsel appearing for the parties submit that the issue involved in this writ appeal has already been considered and decided by this Court vide judgment dated 21.07.2025 in WA No.497of 2025, whereby the Division Bench of this Court has held as under:- “7. We have heard learned counsel for the petitioner and perused the material available in the record. 8. Bare perusal of the records show that the canteen workers were employees of the Cooperative Societies between the years 1975 to 1980. Till 1992, they did not claim the status of workers of Bhilai Steel Plant. In the year 1992, a writ petition was filed and an order was passed on 12.12.1995 and a direction was issued to grant canteens workers the status of the workers of the Bhilai Steel Plant. The matter went up to the Hon'ble Supreme Court and ultimately, the dispute was settled between the parties. The canteen workers accepted fresh appointment orders without raising any objections. The canteen workers also accepted the amount of gratuity paid by the Cooperative Societies without any demur. They got retired from services on account of superannuation and they were paid all 3 retiral dues including the gratuity. Thereafter, they moved applications before the Controlling Authority under the Act of 1972 claiming therein the amount of gratuity, reckoning their services from the date of their initial appointment in the Cooperative Societies. 9. Further, the canteen workers would be entitled to claim parity at par with the employees of the Bhilai Steel Plant according to the Factories Act, 1948 but reckoning their services before the issuance of appointment orders by the Bhilai Steel Plant appears to be misconceived. It is admitted position that the canteen workers were appointed pursuant to the advertisement issued by the Cooperative Societies and they had accepted the terms and conditions of appointment orders. They worked there for 15 to 17 years and thereafter claimed the status of employees of the Bhilai Steel Plant. The canteen workers after retirement were paid retiral dues including the gratuity and they accepted it without raising any objection. They also accepted the amount of gratuity paid by Cooperative Societies. There was no reason or occasion for the canteen workers to move applications for payment of gratuity when it was finally paid by the BSP and accepted by employees. Further, the canteen workers also accepted the settlement arrived at between the parties on 20.10.2004 and the fresh orders of appointments pursuance to the settlement between them. Therefore, they cannot be permitted to deviate from the terms and conditions of the appointment orders, particularly 4 when they never challenged the terms and conditions of orders of appointment. 10. Further, the judgment relied by the learned counsel for the petitioner Netram Sahu Vs. State of C.G. (supra) is not applicable in this case, as in the present case the appellants who are employees of canteen subsequently appointed by the BSP on the basis of the settlement arrived between them by issuance of fresh appointment orders. 11. Taking into consideration the above- discussed facts, we are of the view that the order passed by learned single judge is just and proper and needs no interference. 12. Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed at the motion stage itself. 4. In view of above, the present writ appeal is dismissed in terms of the order passed by this Court in WA No. 497 of 2025. No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar