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2025:CGHC:8251
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 789 of 2025 1 - Snehlata Chandra W/o Pralay Sharma Aged About 47 Years R/o A Priyadarshini Nagar, Vyapar Vihar Road, Bilaspur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Collector, Bilaspur, District- Bilaspur, Chhattisgarh 2 - Tehsildar Sakri, Office Of Sub-Divisional Officer, Mungeli Road, Sakri, District- Bilaspur, Chhattisgarh 3 - The Controlling Authority Under Payment Of Gratuity Act, 1972 Assistant Labour Commissioner, District Bilaspur, Chhattisgarh 4 - The Jain International School (Through Its Principal), Mungeli Road, P.O Sakri, Bilaspur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Tessy Abraham, Advocate For Respondents/State : Mr. Mayur Khandelwal, Panel Lawyer
2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 18/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondents No.1 & 2 to proceed in the matter pursuance to the order dated 22/02/2024 (Annexure P/7) passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short, “the Act of 1972”) and Assistant Labour Commissioner, Bilaspur in GPN-12/PGA/2021 by which the Controlling Authority has passed the order in favour of the petitioner and directed the respondent No.4 for payment of gratuity amounting to Rs.2,13,202/- within a period of 30 days.
2.
Learned Counsel appearing for the petitioner submits that pursuance to the said order, the Controlling Authority vide its communication dated 03/01/2025 requested the Collector to comply with the order dated 22/02/2024 passed by the Controlling Authority however, the Collector is not proceeding in the matter and no steps has been taken by the Collector till date.
3. Learned counsel appearing for the State submits that it appears from the Communication dated 03/01/2025 (Annexure P/9) issued by the Controlling Authority to the Collector, Bilaspur for compliance of the order dated 22/02/2024 by which the Controlling Authority has requested to recover the amount of gratuity. He further submits that the Collector shall take necessary steps within a period of 45 days.
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4. I have heard learned counsel for the parties and perused the documents.
5. From perusal of Communication dated 03/01/2025 (Annexure P/9) and order dated 22/02/2024, it appears that the Controlling Authority has already requested the Collector for taking necessary steps pursuance to the order dated 22/02/2024.
6. In view of the above, the Collector, Bilaspur is directed to take necessary steps pursuance to the Communication dated 03/01/2025 (Annexure P/9) within a period of 45 days from the date of receipt of a copy of this order, in accordance with law.
7. With the aforesaid direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar