1 2026:CGHC:20352 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 120 of 2016 1 - State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh The Petitioner No. 1 Was Not A Party Before The Learned Labour Court, But Has Been Impleaded As Petitioner No. 1 In The Instant Petition As The Proper Course Is To Implead The State Government Through The Secretary Of Concerned Department. , Chhattisgarh 2 - Executive Engineer, Water Resources Division, Kawardha, District Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Petitioners versus 1 - Kailash Prasad Shrivastava R/o. Rajmahal Square, Kawardha, District Kabirdham, Chhattisgarh., Chhattisgarh 2 - The Appellate Authority, Under The Payments Of Gratuity Act, 1972/ Deputy Labour Commissioner, Office Of The Commissioner, Labour, Indrawati Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Controlling Authority, Under The Payments Of Gratuity Act, 1972/ Labour Officer, Kawardha, District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents For petitioners/State : Mr. Vinay Pandey, Dy. A.G. Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.05.2026 1. The petitioners have filed this petition seeking following relief (s) : “i. The Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/command in the nature of mandamus to the State to produce all the relevant records pertaining to the present case. ii.This Hon'ble Court may kindly be pleased to issue an appropriate writ by setting aside the order dated 30/07/2015 passed by the Court of Appellate Authority under the Payments of Gratuity Act, 1972 and Deputy Commissioner Office of the Labour Commissioner, Indrawati Bhawan, Raipur (CG) in Appeal Case No. -27/P.G.A./2015 (Annexure-P-1); order dated 06/02/2015 passed by the Appellate Authority under the Payments of Gratuity Act, 1972 and Deputy Commissioner Office of the Labour Commissioner, Indrawati Bhawan, Raipur (CG) in Appeal Case No. 01/Unregistered PGA/L.O./2015/778 (Annexure-P-2) as well as order dated 17/07/2014 passed by the Controlling Authority in Gratuity Case No. REKHA SINGH -2- 09/P.G.A./2014 (Annexure-P-3). iii. Issue any other order or orders, writ or writs, direction or directions as this Hon'ble court may deem fit in the facts and circumstances of the case in favour of the petitioner and against the respondents. iv. Cost of the petition be allowed.” 2. On instructions, Mr. Pandey, learned Deputy Advocate General appearing for the State/petitioners would submit that respondent No.1 has died and the amount of gratuity assessed by the Controlling Authority was deposited with the said authority and said amount was withdrawn. He would further submit that the appeal preferred by the petitioners herein before the Appellate Authority under the Payment of Gratuity Act,1972 was dismissed on account of delay. 3. Taking into consideration the fact that respondent No.1 has already died and the amount of gratuity deposited by the petitioners herein was withdrawn by him and the appeal preferred by the petitioners was dismissed on the ground of delay, in my opinion, nothing survives for adjudication in this matter. Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha