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2021 Supreme(All) 1152
IN THE HIGH COURT OF ALLAHABAD
Ajay Bhanot, J.
M/s Sdb Infrastructure Pvt. Ltd. New Delhi And Another - Petitioner
Vs.
Presiding Officer Industrial Tribunal-Ii U.P. Kanpur And Anr. - Respondent
WRIT - C No. - 36732 of 2013
Decided On : 15-11-2021
For The Petitioner: Chandra Bhan Gupta, Om Prakash
For The Respondent: C. S. C.,Mani Shanker Sahu,Ramgee Prasad
Point of Law: Benefits so disbursed to the respondent No.2-workman are in the nature of the terminal dues that was paid at the time of superannuation.
Headnote:
Payment of Gratuity Act, 1972 - Section 4 (1) - Termination of employment - Nature of the terminal dues - Learned Standing Counsel for respondent learned counsel holding brief - occasioned by death of respondent No.2-Subedar Choudhary - Composite affidavit filed in support of application for substitution asserts that the respondent No.2-Subedar Choudhary died - Substitution has been moved by legal heirs/legal representatives of respondent (since deceased) to be substituted in his place - Described in prayer clause of substitution application, be substituted in his place - Words "died during pendency of petition - Legal heirs/legal representatives of respondent deceased shall be typed in Red Ink on separate page .
Finding of the Court :
Workman upon attaining age of 58 years - Respondent No.2-workman in witness box - time of termination of his services, he was paid various dues like gratuity, bonus, cumulative leave and his wages due till that date - Benefits so disbursed to respondent No.2-workman are in nature of terminal dues that was paid at time of superannuation - Establishment in which respondent No.2-workman was engaged had closed down - Amount deposited by petitioner-employer shall be forthwith disbursed in favour of petitioner-employer forthwith.
Result : Writ petition is allowed
JUDGMENT :
(Re: Civil Misc. Delay Condonation Application No. 17 of 2021)
1. The matter is taken up in the revised call.
2. Heard Sri Chandra Bhan Gupta, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1-State and Sri Virendra Kumar Gaur, learned counsel holding brief of Sri Ramgee Prasad, learned counsel for the respondent No.2/1. This is an application seeking condonation of delay in filing substitution application. The application accompanied by a composite affidavit. Cause shown for the delay in filing the substitution application as asserted in the composite affidavit is sufficient. Delay in filing the substitution application is hereby condoned. The delay condonation application is allowed.
(Re: Civil Misc. Substitution Application No.18 of 2021)
3. The matter is taken up in the revised call. Heard Sri Chandra Bhan Gupta, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1-State and Sri Virendra Kumar Gaur, learned counsel holding brief of Sri Ramgee Prasad, learned counsel for the respondent No.2/1. This is an application for substitution and is supported by a composite affidavit. The substitution application has been occasioned by the death of the respondent No.2-Subedar Choudhary. The composite affidavit filed in support of application for substitution asserts that the respondent No.2-Subedar Choudhary died on 12.02.2021 during the pendency of the writ petition. The application for substitution has been moved by the legal heirs/legal representatives of the respondent No.2-Subedar Choudhary (since deceased) to be substituted in his place, as described in the prayer clause of the substitution application. The substitution application is allowed. Let the legal heirs/legal representatives of respondent No.2-Subedar Choudhary (since deceased) as described in the prayer clause of the substitution application, be substituted in his place. Words "died during the pendency of the petition" shall be transcribed after the name of the respondent No.2-Subedar Choudhary (since deceased). Substitution be carried out by learned counsel for the applicant within a period of two weeks and shall be confirmed by the Office. The name of the legal heirs/legal representatives of the respondent No.2-Subedar Choudhary (since deceased) shall be typed in Red Ink on separate page. Similarly, the words "died during the pendency of the petition", after the name of the respondent No.2-Subedar Choudhary (since deceased), shall also be transcribed in Red Ink on a separate page. Both the papers, bearing the name of the legal heirs/legal representatives of respondent No.2-Subedar Choudhary (since deceased), and the words "Died during the pendency of the writ petition", shall be affixed to the cause title. Office to confirm the substitution in the above said manner.
(Order on Writ Petition)
4. The matter is taken up in the revised call. Heard Sri Chandra Bhan Gupta, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1-State and Sri Virendra Kumar Gaur, learned counsel holding brief of Sri Ramgee Prasad, learned counsel for the respondent No.2/1.
5. The petitioners have assailed the impugned award dated 27.11.2012 passed by the respondent No.1/Presiding Officer, Industrial Tribunal-III, U.P. Kanpur.
6. Sri Chandra Bhan Gupta, learned counsel for the petitioners further contends that the authorized representative who was prosecuting the case on behalf of the petitioners withdrew from the proceedings with leave of the Court on 29.08.2012, without intimation to the petitioners. The impugned award passed by the learned court below/Presiding Officer, Industrial Tribunal-III, U.P. Kanpur was ex-parte and rendered in violation of principles of natural justice. The respondent No.2-workman had superannuated from service after attaining the 58 years of age. His services were not terminated. Terminal benefits were disturbed to the respondent-workman.
7. Sri Virendra K
