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2026 DAILYLAW 3315 (CHH)

KARAM TRADING COMPANY v. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT

WPL/154/2025 · 2026-01-20

Shri Sachin Singh Rajput

body2026

Judgment text

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1 2026:CGHC:3736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 154 of 2025 1 - Karam Trading Company Through The Proprietor Ajay Kumar Maurya Aged 44 Years S/o Late Shri G.P. Maurya, R/o Camp-1, Near Masanghat, Supela Bhilai Dist. Durg Chhattisgarh ... Petitioner(s) versus 1 - Controlling Authority Under Payment Of Gratuity Act And Assistant Labour Commissioner (Central) D-6, Adarsh Society, Sector 1, Avanti Vihar, Raipur, Dist. Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri J.K.Gupta, Advocate For Respondent(s) : Shri Ramakant Mishra, Dy.S.G. and Shri Tushardhar Diwan, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 21/01/2026 Learned counsel for the petitioner submits that various ex-employees of the petitioner filed an application for grant of gratuity under the relevant provisions of payment of Gratuity Act, 1972 before the Controlling Authority under Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (C), Raipur. 2. The petitioner was arrayed as respondent along with Bhillai Steel Plant under whom the petitioner was working as a Contractor. The petitioner was 2 proceeded ex-parte before the Controlling Authority and different awards were passed by the Controlling Authority on 24/12/2024 directing payment of gratuity to the employees. He submits that the petitioner was proceeded ex-parte. In order to set aside the ex-parte order, an application under Order 9 Rule 13 of CPC was filed before the Controlling Authority in all the different cases. The said application is still pending consideration before the learned Controlling Authority and the limited prayer of the petitioner is that the controlling authority may be directed to decide the same in accordance with law expeditiously within a reasonable period of time. 3. Learned counsel for the respondent submits that time bound direction may not be granted, however, this Court may pass appropriate order looking to the controversy involved. 4. Heard learned counsel for the parties and perused the record. 5. Though the petitioner had filed this petition praying for relief of early disposal of his application under Order 9 Rule 13 CPC but the details of the case number has not been mentioned. Perusal of record indicates that various orders have been passed in favour of the employees of the petitioner directing the petitioner to make payment of gratuity. From the record, it also appears that an application under Order 9 Rule 13 CPC has also been filed which are also pending consideration. Thus, without commenting anything on merits, this petition is finally disposed off with an observation that the respondent would make all endeavor to decide the applications under Order 9 Rule 13 CPC filed by the petitioner for setting aside the respective orders in accordance with law within a reasonable period of time after hearing the stakeholder. 6. With this observation, this writ petition is finally disposed off. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2026.01.23 11:58:08 +0530