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2022 Supreme(UK) 91

SHARAD KUMAR SHARMA
Balam Singh Aswal – Appellant
Versus
Managing Director – Respondent


Advocate Appeared:
For the Petitioner:Mr. B.M. Pingal, Mr. N.K. Papnoi, Mr. Kishore Kumar, Mr. K.K. Joshi, Mr. I.D. Paliwal, Mr. Nikhil Singhal, Mr. Nandan Singh Bisht and Mr. Ashok Kumar Saxena, Advocates on behalf of Mr. Ganesh Kandpal, Advocates
For the Respondent:Mr. Ashish Joshi, Mr. Lalit Samant and Mr. N.S. Pundir, Advocates, Mr. T.S. Phartiyal, Addl. C.S.C. with Mr. Pradeep Hairiya, Standing Counsel

JUDGEMENT :

Before proceeding to address these bunch of 27 Writ Petitions on their own merit, this Court feels it apt to initially deal with the interlocutory orders, which were passed in these bunch of Writ Petitions, which engage a consideration of issue to the following effect :-

    "As to whether, at all, a statutory Corporation created under an Act, which is a separate legal statutory entity, can at all exercise its powers for withholdment of the post retiral benefits payable to the retired employees, under the different heads, including the payment of gratuity, under the Payment of Gratuity Act, 1972."

2. Invariably, all these Writ Petitions, are similar based, on same legal issue, but there is a slight variation in determination of the factual aspects, which has constituted as to be a foundation for the respective claims raised by the petitioners.

3. The Petitioner of Writ Petition (S/S) No. 1593 of 2021, was appointed as a Driver with the respondents/Cooperation way back on 22nd April, 1988, and had later attained his age of superannuation on 31st December, 2020, having retired from the said capacity from Bhowali Depot, District Nainital. It is further not in controversy, that th

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