Kam Sahcy Kashyap v. The Steel Authority of India Ltd.

W.P. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.<9.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.G.) R.K. Choudhary, M-579, Padmnabhpur, Oistt. Durg (C&) The Collector, Durg (CG) [L1 No. 1095 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Monaging birector, Bhilai Steel Plant, Bhilai, t)istt. Durg (CG)

5. State of Chhattisgarh, Through: Secretary. Labour Deptt., Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (CG) Controlling Authority/ Under Payment of (Asst. Labour Commissioner) Gratuity Act, burg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.G.) D.N. Shimpi, MIG-63, Housing Board Colony, Prem Nagar, Balaghat (MP) The Collector, Durg (CG) Petitioner Steel Authon'ty of India Ltd., Bhilai Steel Plant, W.P. FL1 NQ.3Z41 of Z008 Through Managing Director, Bhilai Steel Plant/ Bhilai, Distt. Durg (CO) Respondents Vs

State of Chhattisgarh, Through: Secretary, Labour beptt., Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (C6)

Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.)

Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

Smt. Rekha Rani Sharma, W/o Late V.K. Sharma, 233/B, St.-6, Smriti Nagar. Bhilai, bistt. Durg (C6)

5. The Collector, Durg (CG) W.P. rUNo.3242 of 2008 Petitioner Respondents Vs Steet Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (C(5)

4. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) burg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.6.) O.P. Batra, HIG-31, HUDCO. Bhilai. Distt. Durg (CG)

5. The Collector. Durg (CG) [L1 No.3243 of 2008 W.P. Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

2. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C&) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.G.)

3. Appellate Authority, Under Payment of &ratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. R. Shivappa, House No.330/37, Pragati Nagar, Risali, Bhilai, Distt. Durg (CG)

5. The Collector, Durg (C(?) W.P. rU No. 3245 of 2008 Petitioner Steel Authon'ty of India Ltd., Bhitai Steel Plant, Through Managing Director, Bhilai 5teel Plant, Bhilai, bistt. Durg (CG) Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controtting Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.(5.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. Abdul Latif, House No.1444, Sunder Nagar, Kohka. Bhilai, Distt. Durg (C6)

5. The Collector, burg (CG) W.P. FL1 No. 3246 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Throu9h*. Secretary, Labour t)eptt., Govt. of Chhattisgarh, &.K.S. Bhavan, Raipur (CG) Controtling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.6.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.G.) D.K. Biswas, 2/28. Ispat Nagar. Risali, Bhilai. bistt. Durg (CG)

5. The Collector, Durg (C6) W.P. [L1 No.3386 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., 6ovt. of Chhattisgarh. &.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.6.) Smt. B. Samrajyam. W/o Late B.N. Rao, 749, Narsimha Rao Bhawan, Sindhiya Nagar, Ourg, Distt. Durg (C6) The Collector, Durg (CG)

4. Petitioner W.P. [L1 No. 3387 of 2008 Steel Authon'ty of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, t)istt. Durg (C6) Vs Respondents

1. State of Chhattisgarh, Through: Secretary, Labour Oeptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Roipur (C.G.)

4. A.B. Kulkarni, LIG-2. HUDCO. Bhilai, Distt. Durg (C6)

5. The Collector, Durg (CG) W.P. M No. 3388 of 2008 Petitioner Respondents Vs Petitioner Respondents Vs Steel Authon'ty of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai. Distt. t)urg(CG)

5. State of Chhattisgarh, Through: Secretdry, Labour Deptt., Govt. of Chhattisgarh. &.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Oratuity Act, t)urg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.G.) B.C. bewan, 356, Street 36. Pragati Nagar, Risali, Bhilai, bistt. Durg (CG) The Collector, Durg (CG) W.P. FL1 No.3389/2008 Steel Authonty of India Ltd.. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., 6ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.

4. P.K. Mitra, LIG-2/32/12-13, Jawahar Nagar, Supela, Bhilai, Durg, Distt. Durg (CG)

5. The Collector, Durg (C<5) Petitioner W.P. [U No.3390 of 2008 Steel Authority of India Ltd.. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai. Distt. Durg (CG) Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour Oeptt., 6ovt. of Chhattisgarh, D.K.S. Bhovan, Raipur (CG) __—————- Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) Smt. Saroj Dubey, W/o Lote K.M. Dubey, B- 20, SF-11, Shanti Nagar. Bhilai, Distt. Durg (CG) The Collector, Durg (CG)

5. W.P. FL1 No.3391 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Petitioner Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, &.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) (Sratuity Act, burg (C.6.)

3. Appellate Authon'ty, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. Smt. Seema Ahuja, W/o Late b.B. Ahuja, (East), Bhilai, Bk.48, Plot-11 Smriti Nagar Distt. burg (CG)

5. The Collector, Durg (CG) W.P. FU No.l097of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., <5ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. J.L. Verma, 37/2, Nehru Nagar (East), Bhilai Nagar, Distt. Durg (C<?) 5. The Collector, Durg (CG) W.P. rU No.ll07of 2008 Petitioner Respondents Vs Steel Authority of India Ltd.. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh. D.K.S. Bhavan, Raipur (C(5) '^ A1

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.6.)

3. Appellate Authority, Under Payment of 6ratuity Act, (beputy Labour Commissioner) Raipur (C.(9.)

4. AA.N. Rai, B-4 Central Avenue, Shanti Nagar, Bhilai, Distt. Durg (CG) 5. The Collector, Durg (CG) W.P. rU No.llOOof Z008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt.. Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.)

3. Appellate Authon'ty, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.6.)

4. G.b. Mukhopadyaya, MP Housing Board, 1/E, Bhilai-26, Bhilai, Distt. Durg (CG)

5. The Collector, Durg (CG) [L1 No. 1102 of 2008 W.P. Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. burg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Oovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, burg (C.6.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) Santosh Pradhan, Qr. No.20-A, St.6, Sector- 1, Bhilai, Distt. burg (CG) 5. The Collector, Durg (CG)

4. Petitioner W.P. fU No. 1099 of 2008 Steel Authority of India Ltd.. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, bistt. Durg (C(5) Resppndents Vs

1. State of ChhattiS9arh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlting Authority, Under Payment of (Asst. Labour Commissioner) 6ratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.6.)

4. S.N. Shrivastava, 52/7, Nehru Nagar, Bhilai, Distt. Durg (C6)

5. The Collector, Durg (C<5) W.P. fU No. 1208 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. burg (C6)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, &urg (C.G.)

3. Appetlate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.6.) M.K. Bhattacharya, 468, Mukut Nagar, Durg (C6) The Collector, Durg (CG)

4. Petitioner W.P. FL1 No. 2757 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, bistt. Durg (CG) Respondents Vs

3. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlting Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.6.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.6.)

4. M.6. Joseph, House No.26, Paradise Complex, Borsi Bhata, Distt. Durg (CG)

5. The Collector, Durg (CG) [L1 No. 2756 of Z008 W.P. Petitioner Steel Authon'ty of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, bistt. Durg (CG) Respondents Vs

1. te of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Sratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.(5.) Petitioner Respondents Vs 10

4. K.C. Singha, MIG-I/906, Amdi Nagar, Hudco Bhilai, Distt. Durg (C(5) 5. The Collector, Durg (CG) W.P. FL1 No.2755 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

4. State of Chhattisgarh, Through: Secretary, Labour Deptt., 6ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, burg (C.&.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) Smt. Sakina Fazly, W/o Late A.A. Fazly, Qr. No.l6A, St.20, Sector-2, Bhilai, Distt. Durg (CG) The Collector, t)urg (C6) [L] No.2751 of 2008

5. W.P. Petitioner Respondents Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Vs

5. W.P. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act. Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur(C.G.) J.K. Das, 119, Maitri Kunj. Risali, Bhilai, Distt. Durg (CG) The Coltector, Durg (CG) [L1 No.2750 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (C(5)

1. State of Chhattisgarh, Through: Secretary, Labour beptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C6)

2. Controlling Authon'ty, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.(5.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. T.6. Raju, Qr. No.7/A, St-30, Sec-08, Bhilai, Distt. Durg (C(&) _ 11 h ^ Petitioner

5. The Collector, Durg (CG) [L1 No. 2749 of 2008 W.P. Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., 6ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CO) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) N.(5. Pillai, St-35/4A, Sector-08, Bhilai, Distt. Ourg (CG)

5. The Collector, Durg (CG) W.P. [L1 No.2748 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, t^istt. Durg (C6)

5. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.6.) Appellate Authority, Under Payment of Gratuity Act, (Oeputy Labour Commissioner) Raipur (C.G.) H.C. 6ulati. MIG-II. 136. HUDCO, Bhilai, Distt. burg (CG) The Collector. Durg (CG) Petitioner W.P. FU No. 2747 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (C6) Respondents Vs

3. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, O.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.6.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.6.)

4. V.D. Bhatt. LIG-39, Amdi Nagar, HUDCO, Bhilai, Distt. Durg (.C6) 5. The Collector, Durg (C<5) [L1 No.2578 of 2008 W.P. Petitioner Steel Authonty of India Ltd., Bhilai Steel Plant, 12 -f6fi^: Respondents Vs Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.O.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. Ratan Lal Goyal, E.W.S. 190, Vaishali Nagar, Bhilai.bistt. Durg (CG) 5. The Collector. Durg (CG) [L1 No.3577 of 2008 W.P. Petitioner Respondents Vs Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant. Through Managing birector, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

4. State of Chhattisgarh, Through: Secretary, Labour beptt., (9ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) burg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) Smt. B. Bgattacharya, W/o b.K. Bgattacharya, House No.65/3A, Maitri Nagar, Risali, Bhilai, Distt. Durg (CG) The Collector, Durg (CG) [L1 No. 2576 of Z008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, Oistt. Durg (CG)

5. W.P.

1. State of Chhattisgarh, Through: Secretary, Labour beptt., Govt. of Chhattisgarh, &.K.S. Bhavan, Raipur (C6) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.(9.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.G.) R.G. Chopkar, Sikola Bhatha, Pream Nagar, Oistt. Durg (CG) The Collector, Durg (CG) [L1 No. 3394 of 2008

5. W.P. Petitioner Steel Authority of India Ltd., Bhilai Steel Plant, Through Mana9in9 Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) 13 ^, ^ Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour t)eptt., &ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.&.)

3. Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.6.)

4. Smt. Avinash Sehgal, W/o Late K.B. Sehgal, B-256, Stree-5, Smriti Nagar, Distt. Durg (CG) Petitioner Respondents

5. The Collector, Durg (CG) W.P. [L1 No.ll34of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Vs

5. W.P. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority/ Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) B. Neogi, 922, MIG-I, HUDCO. Bhilai (Eost), Distt. &urg (C6) The Collector, Durg (CG) [L1 No. 1091 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, Distt. Durg (C(5)

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., 6ovt. of Chhattisgarh. D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) &ratuity Act, Durg (C.<5.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. N.K. Patil, MIG-II, 473 HU&CO, Bhilai Distt. Durg (CG)

5. The Collector. Durg (CG) W.P. m No. 1092 of 2008 Petitioner Steel Authority of India Ltd., Bhilai Steel Plant, Throu9h Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) —- Vs 14 4-f^ Respondents

1. 5tate of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, &.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. R.M. Verma, Qr. No.7/B. St.18. Sec.l, Bhilai Ourg (C(9)

5. The Collector. Durg (CG) Petitioner W.P. FL1 No. 1093 of 2008 Steel Authon'ty of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., 6ovt. of Chhattisgarh, b.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, burg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) S.K. Singh, 41/1, Radhika Nagar, Supela, Bhilai (C6) The Collector, Durg (CG)

4. Petitioner W.P. fU No. 1094 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai. Distt. Durg (CG) Respondents Vs

1. State of Chhattisgarh/ Through: Secretary, Labour beptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C6) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.e.) Appellate Authority, Under Payment of Gratuity Act, (beputy Labour Commissioner) Raipur (C.6.) S.P. Rao, Quarter No.22-A, Street No.2, Sector-1, Bhitai, Durg (CG) The Coltector. Durg (CG) [L1 No. 1289 of 2008

5. W.P. Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. t)urg (CG)

1. State of Chhattisgarh, Through: 5ecretary, Labour Deptt., 6ovt. of Chhatti'sgarh. D.K.5. 15 \v Bhavan, Raipur (C6)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) (5ratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.(5.)

4. M.V. Reddy, MIG/2/388, HUDCO, Amdi Nagar, Bhilai Distt. Durg (CG)

5. The Collector, t)urg (CG) [L1 No. 1133 of 2008 W.P. Petitioner ResDondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. &urg (CG)

4. 5. State of Chhattisgarh, Through: Secretary, Labour Deptt.. &ovt. of Chhattisgarh. &.K.S. Bhcivan, Raipur (CG) Controlling Authority, Under Payment of &ratuity Act, (Asst. Labour Commissioner) Durg (C.6.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.6.) S.K. Koyal, MIG-1 HU&CO, Bhilai, Durg (C6) The Collector, Durg (CG) Petitioner W.P. M No. 1291 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, &.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Asst. Labour Commissioner) Gratuity Act, Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) N.C.Palit, 17-C, St.29, Sec.4, Bhilai.

4. 5. The Cotlector, burg (CG) Petitioner W.P. FL1 No. 1207 of 2008 Steel Authority of India Ltd.. Bhilai Steel Plant. Through Mana9ing Director, Bhilai Steel Plant, Bhilai. Distt. Durg (C(5) Respondents Vs

1. Stdte of Chhattisgarh, Through: Secretary, Labour Deptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) Durg (C.G.)

3. Appetlate Authority, Under Payment of 16 -j. Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.)

4. Janardan Pandey, 7-B, Street-11, Sector-4, Bhilai Distt. Durg (CG) 5. The Collector, Durg (C6) W.P. [L1 No. 1206 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd.. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

5. State of Chhattisgarh, Through: Secretary, Labour Deptt., Oovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of 6rotuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appellate Authon'ty, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.Q.) R.A. Mahadik, HIG-89 HUDCO, Bhilai, Distt. Durg (CG) The Collector, Durg (CG) Petitioner W.P. [L1 No.ll67of 2008 Steel Authority of India Ltd.. Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhitai, Distt. Durg (CG) Respondents Vs

5. State of Chhattisgarh, Through: Secretary, Labour Deptt., eovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C6) Controlling Authority, Under Payment of Gratuity Act, (Asst. Labour Commissioner) t>urg (C.G.) Appellate Authority, Under Payment of Grotuity Act, (Deputy Labour Commissioner) Raipur (C.G.) P.K. Gupta, 10/24, Ispat Nagar, Risali, Civic Centre, Bhilai Distt. Durg (CG) The Collector, Durg (CG) Petitioner W.P. M No.1210 of 2008 Steel Authon'ty of India Ltd., Bhilai Steel Plant. Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (C6) Respondents Vs

1. State of Chhattisgarh, Through: Secretary, Labour beptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Asst. Labour Commissioner) 6ratuity Act, Durg (C.G.)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.&.)

4. S.V. Shende, MIG/336, HUDCO, Amdi Nagar, 17 Bhilai, Distt. Durg (CG) 5. The Collector. burg (CG) W.P. FL1 No. 1209 of 2008 Petitioner Respondents Vs Steel Authority of India Ltd., Bhilai Steel Plant, Through Managing Oirector, Bhilai Steel Plant, Bhilai, Distt. Durg (C6)

5. State of Chhattisgarh, Through: Secretary, Labour Deptt., <5ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of (Sratuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner) Raipur (C.G.) A.C. Verma, MIG-1/855, HUDCO, Amdi Nagar, Bhilai, Distt. Durg (CG) The Collector, Durg (CO) Petitioner W.P. FL1 No. 1293 of 2008 Steel Authority of India Ltd., Bhilai Steel Plant, Through Managin9 Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Respondents Vs

4. State of Chhattisgarh, Through: Secretary, Labour beptt., Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Authority, Under Payment of firatuity Act, (Asst. Labour Commissioner) Durg (C.G.) Appettate Authority, Under Payment of (Sratuity Act, (beputy Labour Commissioner) Raipur (C.G.) N.G.K. Kutty Nair, MI6-II, 476. HUDCO, Bhilai Nagar , Distt. Durg (CG) The Collector, Durg (CG)

5. W.P.fUNo. 1089/2008 PETITEONER RESPONDENTS Versus Steel Authority of India Ltd. Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

2. State of Chhattisgarh, Through : Secretary. Labour beptt. 6ovt. of Chhattisgarh, &KS Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) Tapan Kumar Rai, M/586, Padmnabhpur, Dur9,0istt. Durg (CG). 5. The Collector, Durg (C&)

4. 18 PETCTCONER W.P.(U No.3393/2008 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. burg (CG) R6SPONDENTS

1. Versus

4. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, bKS Bhavan, Raipur (C6) Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (C6) &.R. Mazumdar, C/o Shri Chinmoni Rai, 12/3, Fakir Para Road, PO Behla, Kolkata, (West Bengal) PETITCONER

5. The Collector, Durg (CG) W.P.fL) No.3233/2008 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director, Bhilai Steel Plant. Bhilai, Distt. Durg (CG) RESPONDENTS

1. Versus

4. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG) Appellate Authority, Under Payment of Gratuity Act, (Oeputy Labour Commissioner), Raipur (C6) M.L.Dewangan. MI6-I/580, HUDCO, Amdi Nagar, Bhilai, Distt. Durg (CG) PETCTEONER

5. The Coltector. Durg (CG) W.P.(L) No. 1090/2008 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director. Bhilai Steel Plant, Bhilai, Distt. Durg (C<?) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary. Labour beptt. Govt. of Chhattisgarh, bKS BhQvan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (C6)

4. RS Karmakar, 14, Shakti Vihar Bhitai, Durg (C&)

5. The Collector, Durg (C6) 19 s PETITIONER W.P.rL) No. 1104/2008 India Ltd. Bhilai Steel Plant, Steel Authon'ty of Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. G.Seshagiri Rao, MIG/1/10, HUDCO, Amdi Nagar, Bhilai, Distt. Durg (C6)

5. The Collector, Durg (CG) PETITEONER W.P.fU No.3236/2008 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director, Bhilai Steel Plant, Bhilai, bistt. Durg (CG) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary, t)KS Labour Deptt. Govt. of Chhattisgarh, Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Ourg (C6)

3. Appellate Authority, Under Payment of (Sratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. M.G. Ghosh, LIG-64, Vaishali Nagar, Bhilai, Distt. Durg (CG)

5. The Collector, Durg (C<5) PETITCONER W.P.CL) No. 3235/2008 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing birector, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (C(5)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (C<?)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. R.B. Singh, St-20, Plot-272, Smriti Nagar, Bhilai, Distt. Durg (,C&) 5. The Collector, Durg (CG) W.P.fUNo. 1105/2008 .—— PETITCONER RESPON&ENTS Versus 20 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. burg (CG)

1. State of Chhattisgarh, Through : Secretary, Labour beptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of 6ratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. P.S. Mehta, MI6/1/761. HUDCO. Amdi Nagar, Bhilai, Distt. Durg (CG)

5. The Collector. Durg (CG) PETITCONER W.P.(L) No.3239/2008 Steel Authority of India Ltd. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (C6) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of 6ratuity Act, (Asstt. Labour Commissioner) burg (C(5)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. S.5.P. Keshri, Plot No.647, Street 36, Simriti Nagar, Bhilai, Distt. Durg (CG)

5. The Collector, Durg (CG) PETETEONER W.P.fU No. 1106/2008 Steel Authority of India Ltd. Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai. bistt. Durg (CG) RESPON&ENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan. Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (C(5) Appellate Authority, Under Payment of firatuity Act, (Deputy Labour Commissioner), Raipur (CG) T.K.G.K. Pillai, Thayali House, Kottam Pali, Madathi Karnama, Ochira Kerala.

5. The Collector. burg (CG) 21 PETETIQNER W.P.(L) No. 1135/2008 India Ltd. Bhilai Steel Plant. Steel Authon'ty of Through Managing Director, Bhilai Steel Plant/ Bhilai, Distt. Durg (CG) RESPONQENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, bKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of firatuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. B. Rammurthy. 27/8-A, St.2, Tarachand Naka, Virugam, Bakkam Channai,

5. The Collector, burg (CG) PETETCONER W.P.(L) No. 1132/2008 Steel Authority of India Ltd. Bhilai Steel Plant. Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. t)urg (CG) RESPONDENTS Versus

4. State of Chhattisgarh, Through : Secretary, Labour beptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity /\ct, (Asstt. Labour Commissioner) Durg (CG) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) bK biwakaran, HIG-440. MPHB Colony, Borsi, burg (CG)

5. The Collector, Durg (C<5) PETETCONER W.P.(L) No.1131/2008 Steel Authority of India Ltd. Bhilai Steel Plant, Through Managing birector, Bhilai Steel Plant, Bhilai, bistt. Durg (C<5) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour beptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (C(5)

4. PO Patil, Qr. No.7/A, St.-13, Ashish Nagar, Risali, Bhilai, Distt. Durg (CG)

5. The Collector, Durg (CG) W.P.(L) NQ.1163/Z008 PETETIONER Steel Authority of India Ltd. Bhilai Steel Plant, RESPONDENTS Versus 22 Through Managing Director, Bhilai, Distt. Durg (CG) Bhilai Steel Plant,

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CO)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (C<?)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. SG Moon, Near Shopping Complex, Kela Badi, burg, Distt. burg (CG) 5. The Collector. Durg (C6) W.P.(L) No. 1101/2008 PETITEONER RESPON&ENTS Versus Steel Authority of India Ltd. Bhilai Steel Plant. Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

4. State of Chhattisgarh, Through : Secretary, Labour beptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG) Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG) Appellate Authority, Under Payment of firatuity Act, (Deputy Labour Commissioner), Raipur (CG) M. Venkataraman. Qr.No.257, St.5/B, Shanti Nagar, Bhilai, Distt. Durg (CG)

5. The Collector, Durg (CG) W.P.(L) No. 1290/2008 PETCTCONER RESPONDENTS Versus Steel Authority of India Ltd. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. t)urg (CG)

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, &KS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. LN Sharma. MIG-I/Z78, HUDCO, Bhilai Nagar, Distt. Durg (CG) 5. The Collector, Durg (C6) W.P.(L) No. 2512/2008 PETCTIONER Steel Authority of India Ltd. Bhilai Steel Plant, Through Mana9in9 birector, Bhilai Steel Plant, RESPONDENTS Versus 23 Bhilai, Distt. Durg (CG)

1. State of Chhottisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh. &KS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of &ratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. B.Sarkar, MIG-82, Padmnabhpur, Durg, Distt. Durg (CG)

5. The Collector, Durg (CG) PETCTEONER W.P.fL) No. 1355/2008 India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing birector, Bhilai Steel Plant, Bhilai, bistt. Ourg (CG) RESPONDENTS Versus

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (C6)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (C(9)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (C(5)

4. AS Monga, Block No.59, Plot No.IO, Nehru Nagar, Bhilai, Distt. Durg (CG)

5. The Collector, burg (CG) W.P.(U No. 1354/2008 PETITIONER RESPONDENTS Versus India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing birector, Bhilai Steel Plant, Bhilai, &istt. &urg (CG)

1. State of Chhattisgarh, Through : Secretapy, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. N.R. Das, LIG/308, Padmnabhpur, Durg, Distt. Durg (CG)

5. The Collector, Durg (C6) W.P.(L) No.1353/2008 PETETIONER India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) _-— RESPQNbENTS Versus 24 w

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. 6ovt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of &ratuity Act, (Deputy Labour Commissioner), Raipur (C<5)

4. 55 Dubey, MIG-248. HUDCO, Bhilai Nagar, Distt. Durg (CG)

5. The Collector. Durg (C<?) W.P.fU No. 1300/2008 PETITEONER RESPONbENTS Versus Steel Authority of India Ltd. Bhilai Steel Plant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. C.T. Rughani, 25/10, Nehru Nagar, West Bhilai. Distt. Durg (CG) 5. The Collector, Dur9 (CG) W.P.(L) No. 1299/2008 PETmONER RESPONDENTS Versus Steel Authority of India Ltd. Bhilai Steel Ptant, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG)

1. State of Chhattisgarh, Through : Secretary, Labour Deptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of (Sratuity Act, (Asstt. Labour Commissioner) Durg (C(5)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. D.B. Meskey, MIG-II/217, HU&CO. Bhilai, Durg.

5. The Collector, burg (CG) 25 W.P.fL) No.1130/2008 PETCTCONER: RESPON&ENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director. Bhilai Steel Plant, Bhilai. Distt. Durg (C6) State of Chhattisgarh, Through Secretary, Labour Deptt. Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (C6)

5. Authority, Controlling Payment of Gratuity Act, Labour Commissioner), burg (CG) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) Banerjee. H/41-B. Maroda U.N. Sector, Bhilai Nagar, Distt. Durg The Collector, Durg (CG) W.P.fU No.1164/2008 PETCTEONER: RESPONDENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant, Bhilai. Distt. Durg (C6) State of Chhattisgarh, Through Secretary, Labour Deptt. Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (C6)

5. Authority, Controlling Payment of Gratuity Act, Labour Commissioner), Durg (CG) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) 1701, Mey A.L Kulkarni, Floor, Hiranadani Medoje, Karya, Porkhren Road No.2, Thanne (W) (M.H.) The Cotlector, Durg (C(5) W.P.fL) No.3392/2008 PETITCONER: Steel Authority of India Ltd., Bhilai RESPONDENTS: -Versus- 1. 26 Plant, Through Managing Steel Director. Bhilai Steel Plant, Bhilai, Distt. Durg (C6) Through State of Chhattisgarh, Secretary, Labour Deptt. Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C6)

5. Authority, Controlling Payment of Gratuity Act, Labour Commissioner), Durg (C6) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) V.K. Sureen, House No.2, Street-9. Sector-A, Panchseel, Housing Society, Borsi, Distt. C)urg (CG) The Collector, Durg (CG) W.P.fU No.3232/2008 PETCTCONER: RESPONDENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant, Bhilai, Distt. Ourg (CG) Through Chhattisgarh, State Secretary, Labour Oeptt. Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG)

5. Authority, Controtling Payment of Gratuity Act, Labour Commissioner), Durg (CG) Under (Asstt. Appellate Authority, UnderPayment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) A.K. Agrawal, Block 29, Plot No.4. Nehru Nagar, Bhilai, bistt. burg (C6) The Collector, Durg (CO) PETCTIONER: W.P.fL) No.1161/2008 Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) RESPONbENTS: 27 -Versus- 1.

5. w State of Chhattisgarh, Through Secretary, Labour Deptt. 6ovt. of Chhattisgarh. D.K.S. Bhavan, Raipur (CG) Authority, Controlling Payment of 6ratuity Act, Labour Commissioner), Durg (CG) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) S.R. Chakraborty, Akansha Kunj, Risali, Bhilai, Distt. Durg The Collector, burg (CG) W.P/U No.1098/2008 PETCTIONER: RESPONDENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel birector, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Through State of Chhattisgarh, Secretary, Labour Deptt. Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C<&)

5. Authority, Controlling Payment of eratuity Act, Labour Commissioner), Durg (CG) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) B.V. Anjaneyulu, Smriti Nagar, Bhilai, Distt. Ourg (CG) The Collector, Durg (CG) W.P.fU No.1162/2008 PETITCON6R: RESPONbENTS: 'Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director. Bhilai Steel Plant, Bhilai. Distt. Durg (CG) Through State of Chhattisgarh, Secretary, Labour beptt. 6ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) 28 ^)

5. Authority, Controlling Payment of Gratuity Act. Labour Commissioner), burg (CG) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) Jagdish Chandra, Plot No.172. Street -8. Smriti Nagar, Bhilai. burg (CG) The Collector, Durg (CG) W.P/L) No.1103/2008 PETITCONER: RESPONDENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant. Bhilai, Distt. Durg (CG) State of Chhattisgarh, Through Secretary, Labour Deptt. 6ovt. of Chhattisgarh, D.K.S. Bhavan, Raipur (C6)

5. Authority, Controlling Payment of Gratuity Act, Labour Commissioner). Durg (CG) Under (Asstt. Appellate Authority. Under Payment of Gratuity Act, (Oeputy Labour Commissioner), Raipur (C(5) A.K. Tiwari, MIG/959. HUDCO. Amdi Nagar, Bhilai, Distt. Durg (C(5) The Collector, Durg (C6) W.P.fn No.1129/2008 PETITEONER: RESPONDENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant, Bhilai. Distt. Durg (CG) State of Chhattisgarh, Through Secretary, Labour beptt. Govt. of Chhattisgarh, b.K.S. Bhavan, Raipur (CG)

3. Authority, Controlling Payment of Gratuity Act, Labour Commissioner), Durg (CG) Under (Asstt. Appellate Authority, Under Payment (Deputy Labour of Gratuity Act, 29 Commissioner), Raipur (CG) R.N. Pal, B-5, Central Avenue, Smriti Nagar, Bhilai, Durg (CG) The Collector, Durg (CG)

5. W.P.fU No.1108/2008 PETCTCONER: RESPONDENTS: -Versus- 1. Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Through State of Chhattisgarh, Secretary, Labour Deptt. Govt. of Chhattisgarh, &.K.S. Bhavan, Raipur (ce)

5. Authority, Controlling Payment of 6ratuity Act, Labour Commissioner), Durg (CG) Under (Asstt. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) T. Ramanna Murty, Qr. No.2, Adarsh Nogar, Kasaridhi, Durg, bistt. Durg (CG) The Collector, Durg (C(5) PETITIONER: W.P.(L) No.1166/2008 Plant, Steel Authority of India Ltd., Bhilai Through Managing Steel Director, Bhilai Steel Plant, Bhilai, bistt. Durg (CG) RE5POND6NTS: •Versus- 1.

5. Authority, Through State of Chhattisgarh, Secretary, Labour Deptt. Govt. of Chhattisgarh, D.K.S. Bhavan, Raipur (CG) Controlling Payment of Gratuity Act, Labour Commissioner), burg (CG) Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG) Balwant Shukla, MIG-I/902, HUDCO, Bhilai Nagar, Distt. Durg (CG) The Collector, Dur9 (CG) Under (Asstt. 30 W.P.fL) No.ll 65/2008 PETtTCONER India Ltd. Bhilai Steel Plant, Steel Authority of Through Managing Director/ Bhilai Steel Plant, Bhilai, Distt. Durg (CG) Versus RESPQNbENTS

1. State of Chhattisgarh, Through : Secretary, Labour beptt. Govt. of Chhattisgarh, DKS Bhavan, Raipur (CG)

2. Controlling Authority, Under Payment of Gratuity Act, (Asstt. Labour Commissioner) Durg (CG)

3. Appellate Authority, Under Payment of Gratuity Act, (Deputy Labour Commissioner), Raipur (CG)

4. M.R. Chaterjee, 29/4, Maitri Nagar, Risali, Bhilai, Durg (CO)

5. The Collector, Durg (CG) Present: learned Senior Advocates with Mr. R.N. Singh <& Dr. N.K. Shukla, Mr. B.P. Mishra, Mr. C.R. Sahu. Mr. P.R. Patankar. Mr. Manish Nigam <& Mr. Rahul biwaker, Advocates for Steel Authority of Indio Limited in all the writ petitions. Mr. Pradeep Saxena, Advocate for No.3845/99 and for respondent-employees in other petitions. the petitioner in W.P. Mr. Ajay bwivedi, Deputy Government Advocate for the State of C.G. in all the writ petitions. OR b E R (Passedon^.7.2009) Dhirendra Mishra. J; l. The above petitions are being disposed of by this common the questions of law involved for adjudication of these petitions are common and the same arise from the order dated 24.6.1998 of the controlling authority, execution of the award in pursuance of the above order and the order dated 22.4.1999 passed by the appellate authority thereby setting aside the order dated 24.6.1998 passed by the controlling authority and remitting the matter to the controlling authority for fresh adjudication. 31 g^- W.P. No.3845/1999:

2. Briefly stated facts of this petition filed by the petitioner- R.S. Kashyap are that the petitioner retired as Junior Executive on 31.3.1997. He was temporarily promoted as Junior Executive w.e.f. 30.6.1994 however, he continued to perform the same duties as he was doing before his promotion. He filed an application under Section 7 (4) (b) of the Payment of Gratuity Act. 1972 (for short 'Act, 1972') and M.P. Payment of Gratuity (Central) Rules, 1972 (for 'Rules, 1972') before the controlling authority for determination of gratuity amount due to him and to direct the management to pay the same to the petitioner. Apart from the petitioner, other similarly situated employees, 290 in numbers, also made similar applications for determination their gratuity and direction to the management payment of the same.

3. Application of the petitioner was contested management, however, the controlling authority vide order

24.6.1998 disposed of the apptication of petitioner as well as other connected matters with a finding that the applicant acquired statutory right under Section 4 (5) of the Act. 1972 to claim and receive the gratuity, as per the terms of MOA-NJCS and; that he continued to be an employee within the meaning of Section 2 (e) of the Act, 1972 at the time of superannuation and; that his status of being such an employee, after his promotion to executive grade, cannot subject him to any order/ agreements/ rule to affect him adversely in the matter covered by MOA-NJCS to which he has been entitled to and that too in the absence of any such clause in MOA-NJCS and; that even otherwise ceilin9 of Rs.l Lac would be applicable only on an amount accrued during the period of service as executive only and 32 this shall have nothing to do with the accrual of gratuity having been accrued over the period of service as on executive; the issue of time barred application is hardly relevance appropriate Government the State Government and as such the applicant is entitled to a gratuity that accrued to him on the basis of wage including bearness Allowance and Incentive wage, as per the terms of MOA-NJCS under sub-section (5) of Section 4 of the Act, 1972 and the statutory interest as per Section 7 (3-A) of the Act, 1972 is payable to the applicant employee. It was further held that gratuity of applicant Ram Sahay Kashyap is determined at Rs.2,13,693/- and it was directed that he shall be entitled for interest, in case of failure of payment within the period directed, © Rs.52.76/- per day.

4. After disposing of the application of petitioner-Ram Sahay Kashyapin the aforesaid terms, it was further directed that Shri Devendra Kumar Rajput, Labour Inspector shall comply with the above directions contained in Paragraph No.18 of the order and shall complete gratuity sheets in the format prescribed in the schedule appended thereto. Signature of Shri Devendra Kumar Rajput over such sheets shall have the statutory effect within the meaning of Rule 16 (3) of Rules framed under Section 15 (1) of the Act, 1972. Such calculation sheets along with copy of this order shall be operative from the date of receipt of such sheets by the non-applicant respect of case mentioned Annexure-A. The non-applicant shall pay each individual, respective cases (as mentioned in Annexure-A), the amount calculated in the sheets, as per the above direction, within 30 days from the date of receipt of the calculated gratuity 33 '^ sheets, failing which the non-applicant shall have to pay amount of daily interest as further occurring interest.

5. Annexure-A appended to the order dated 24.6.1998 is the list of pending identical cases of the employees, 290 in numbers.

The respondent-Steel Authority of India Limited (for short 'SAIL') preferred an appeal against the above order of the Controlling Authority under the Act, 1972 and the appellate authon'ty set aside the order dated 24.6.1998 of controlling authority passed Gratuity Case No.ll/PGA/1997 and remanded the matter to the controlling authority with a direction to decide the same afresh after affording due opportunity of hearing to the parties within a period of two months. W.P.(L) No. 800/2008 and other connected petitions:

In this batch of petitions filed by the petitioner-SAIL, the petitioner has prayed for quashing of the order of controlling authority whereby a revenue receipt certificate for recovery of gratuity has been issued against Bhilai Steel Plant on the applications of private respondent-employees.

For the purpose of this order, W.P.[L] No.800/08 is taken as a leading case and facts pleaded in this case are dealt with in this order.

The retired employees/executives moved applications before the controlling authority claiming that they were entitled for extra gratuity with interest thereon. Application of retired employee Shri R.S. Kashyap was registered as case No.ll/PGA/bG/97. All the cases were pending before the controlling authority in the month of August, 1998, however, the petitioner-SAIL received a copy of order dated

24.6.1998 of the controlling authon'ty whereby gratuity of 34 /gf Rs.2,13,693/- was awarded in favour of said R.S. Kashyap. By the same order the controlling authority had directed his Labour Inspector namely Shri b.K. Rajput to prepare calculation sheets of gratuity and sign each sheet of other 290 cases for which a list was enclosed with the order dated

24.6.1998 passed the case of Shri R.S. Kashyap. Calculation sheets in respect of 282 ex-employees were received in the month of October, 1998. The petitioner SAIL challenged the order dated 24.6.1998 by filing an appeal before the appellate authority, who allowed the appeal vide order dated 22.4.1999. W.P. No.3845/99 is fited against the above order dated 22.4.1999 by Shri R.S. Kashyap.

The petitioner-SAIL challenged the calculation sheets made and issued by the Labour Inspector of respondent No.2 in pursuance of the order dated 24.6.1998 by way of filing W.P. No.5925/98 and prayed for direction to make enquiry in the illegat activity of the then controlling authority.

W.P. No.5925/98 was disposed of vide order

21.2.2007 with the observations that learned counsel the petitioners as well as private respondents have informed the appellate authority has allowed the petitioner's appeal and set aside the impugned order passed by the competent authority. Some of the respondents preferred writ petitions against the order of the appellate authority, which is pending consideration, and therefore, the first portion of the prayer sought for by the petitioners in this writ petition does not survive for our consideration. It has been further observed that if the controlling authority has passed any order under the provisions of the Act, 1972 the respondents could file appropriate award before the petitioner to comply with the orders and the directions 35 issued by the competent authority. If and when such awards are produced before the petitioner for settting the claim made in the awards, the petitioner shall have an opportunity to question those awards before the appropriate forum within a month and if such appeals are filed by the petitioner company, the appellate forum shall decide the same on merit without reference to the period of limitation.

Thereafter, the respondent employees furnished copy of the

24.6.1998 along with respective calcutation sheets and demanded for payment of gratuity. However, the SAIL communicated the respondent employees that the order dated 24.6.1998 has atready been setaside by the appellate authority and in view thereof there is no appropriate award furnished by the respondent employees and therefore, they are not entitled to claim any extra gratuity.

The respondent-employees moved application under Section 8 of the Act, 1972 for issuance of Revenue Recovery Certificate (RRC). The petitioner submitted its reply to the application under Section 8 of the Act, however, controlling authority vide order dated 14.1.2008 (Annexure P-1) allowed the application and issued RRC to the Collector, burg for recovery of gratuity amount. ARGUMENTS ADVANCED BY LEARNED COUNSEL FOR THE RESPECTIVE PARTIES l4.Mr. Saxena, learned counsel appearing for the petitioner in W.P. No.3845/99 submits that from perusal of order sheets of the controlling authority it would be evident that ample opportunities were given to the management for filing reply and ultimately written statement/preliminary objection was filed on 4.5.1998. Arguments advanced by the parties including by the counsel for the management, were heard at 36 length on 23.5.1998, the cases involving identical question were consolidated on 26.5.1998 and thereafter, final order was passed by the controlling authority. the issues framed by the appellate authority it would be From perusal of evident that the appellate authority was only interested in finding irregularities committed controlling authority.

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4.uatuADd Japun A+uoii+ny a4.D||addy •$A 'p+l Aiaioos 6uj+a>|Jow SAj+ojado-o^ s*03npoj<j |DnJ4.|n3u6v apo6uai|onj.ii ^o ^94.4.001 9i)4. sojpDw ^o +jno^ Lj6jH j.o 4.uaut6pnf ai|4. uo ps3D|d s; 93UD!|9y 'uoi+Ds.ipnfpD Ljsaj^ joj. A+ijoti+no 6UI||OJ+U03 31(4. 04. J34.+D»-U 4.11.U3J 04. A+.ijoq+no 9+D||9ddD 3^+ •2Z6T '+^V 3M-1- J-0 L Ul p9+S3A JSMOd OU Sl 3J3L|4. 'J9A3/IAO|-| UOJ4.33S j-° (9) uoi+sas-qns J3d so pjD3i| Buisq j-o A+iun+joddo 3|qDUOSD9J |D3ddD 0+ SS.I+JDd 6UIA16 J94.J.D A4.uoq4.no 6UI||OJ4.U03 j.0 UOjSIOap 3L|+ 3SJ3A3J JO Aj-lpOUI 'ZL61 '+3V 3ll+ ^° (^.) ^. LiO!+32S Jspun J^Mod Suisiojaxs 3|!^<v> 'IUJIJ.U03 /<DIU 'A+uoLi+no 34.D||9ddo ai|+ 4.DM+ psn6jD jaq^jnj. SDM 4-1 38 along with calculation sheets before the SAIL, as per direction of the High Court passed in W.P. No.5925/1998, however, the SAIL rejected the claim of respondent employees. Thereafter, the applications of respondent- employees under Section 8 of the Act, 1972 was allowed by the controlling authority and RRC was issued to the Collector, Durg for recovery of gratuity amount from the petitioner-SAIL. The petitioner-SAIL did not prefer appeal, as per the order of the High Court, and thus, the award in favour of the respondent-employees has attained finality. Relying upon the judgment of the Hon'ble Supreme Court in the matter of State of Punjab Vs. Labour Court, Jallandhar and others reported in (1980) 1 SCC 4 it was argued that the Payment of Gratuity Act, 1972 is a self- contained Code incorporating all the essential provisions relating to payment of gratuity, which can be claimed under the Act, 1972, and its provisions impliedly exclude recourse to any other statute for that purpose. l5.Mr. R.N. Singh, learned Senior Advocate with Mr. B.P. Mishra, Mr. P.R. Patankar, Mr. C.R. Sahu, Mr. Manish Nigam & Mr. Rahul Diwaker, Advocates for the SAIL vehemently argued that the SAIi had filed a writ petition before the High Court and prayed for quashing of the order dated

24.6.1998 and calculation sheets. The High Court, looking to the apparent irregularities in deciding the matter, was pleased to order for CBI enquiry in the matter. The CBI submitted its report after conductin9 enquiry, however. the meanwhite, order dated 24.6.1998 was set aside by the appellate authority and in view of the above fact the High Court observed that the first part of relief clause i.e. quashing of impugned order and calculation sheet does not survive. With the aforesaid observation, the petition was i2Esaaaa£Ssa23 39 79^- disposed of with liberty to the employees that they may file award, if any, before the SAIL. Since the order already stood quashed by the appellate authority, the question of payment of gratuity in terms of the award to the respondent-employees does not arise. The preparation of calculation sheets by the Labour Inspector Shri b.K. Rajput was void ab-initio as under sub-rule (3) of Rule 16 of Payment of Gratuity (Central) Rules, 1972 the controlling authority cannot authorize its subordinate officer to sign any record of any order or direction, which is required by these rules to be signed by the controlling authority. It was further argued that the controlling authority passed the impugned order in collusion with the applicant- employees. The whole exercise was undertaken in a clandestine manner without information or knowledge to the employees of the court. The controlling authority was put under suspension w.e.f. 25.6.1998 and the order was infact passed after the controlling authority was put under suspension on back date. The appellate authority has etaborately deatt with apparent inconsistencies, irregularities and suspicious conduct of the controlling authon'ty in passing the order dated 24.6.1998. The appellate authority categorically controlling authority has passed the order on any date after

24.6.1998 in collusion with the applicant-employees and they have tried to demonstrate that the order was passed on

24.6.1998 since 24.6.1998 was the last working day and after that he was not competent to pass any order due to his suspension. The appellate authority has also held that Labour Inspector Shri D.K. Rajput signed and dispatched the calculation sheets at his will and none of the calcutation sheets were entered into dispatch register of the office 40 while dispatching. In the office record of the controlling authority and in the monthly statement sent to his office, all the cases were shown as pending. Finding of the appellate authority that the controlling authority passed the impugned order in cotlusion with the applicant-employees is based on the material available on record, order sheets of controlling authority and other documents available in the office of the controlling authority. Petitioner-Ram Sahay Kashyap has not controverted any the findings recorded by the appeltate authority for reaching to the above conclusion. Thus. is clear petitioner Ram Sahay Kashyap and other employees have procured the order in collusion with the controlling authority by playing fraud, therefore, the same is nullity and non-est in the eyes of law and the same has rightly been set aside by the appellate authority. The order, which is procured by fraud, can be challenged in any court at any time in appeal, revision <& writ or even in coltateral proceedings.

16.1 have heard learned counsel for the parties. FINDINGS OF THE COURT:

The appellate authon'ty while setting aside the order dated

24.6.1998 of the controlling authority has detailed the circumstances, it legality & irregularities committed by the controlling authority on the basis of which he has drawn an inference that the order was passed after 24.6.1998 in collusion with the applicant-employees. The petitioner has not controverted any of the circumstances recorded by the appellate authority in Paragraph No.18 of its order which conclusively demonstrates that the whole exercise was undertaken by the controlting authority in collusion with the 41 ^ applicant employees in a clandestine manner without any information to even the employees of his court, who were in- charge gratuity section, including Stenographer. It is shocking that though the order was passed on 24.6.1998, however, in the monthly statement submitted from the court of controlling authority for the subsequent months of the order, the above cases were shown as pending.

It is equally shockin9 that the controlling authority while disposing of one application filed by the employee Shri R.S. Kashyap directed that other connected matters, which were consolidated in the earlier dates, will be disposed of in terms of the order passed in R.S. Kashyap's case and further, in exercise of powers of Rule 16 (3) framed under Section 15 (1) of the Act, 1972 authorized Labour Inspector Shri b.K. Rajput to prepare calculation sheets and sign the same on his behalf. From bare perusal of Rule 16 (3) it is evident the controlling authority cannot authorize his subordinate officer to sign record of any order or direction which is required by these rules to be signed by the controlling authority. Sub-rule (1) of Rule 16 mandates that the controlling authority shall record the particulars of each case under Section 7, in Form 'Q' and at the time of passing orders sign and date the particulars so recorded.

Similarly, sub-rule (2) of Rule 16 cast a mandatory duty upon the controlling authority that he shall, while passing orders in each case, also record the findings on the merits of case and file it together with the memoranda of evidence with the order sheet. The calculation sheet by which entitlement of gratuity is calculated happens to be the part of the order and the same to be signed by the controlling authority and the controlling authority cannot authorize his subordinate 42 officer to prepare and sign the calculation sheets on his behatf.

For the aforesaid reasons we are of the opinion that appellate authority has rightly inferred on the basis of uncontroverted material available on record that controtling authority passed the order dated 24.6.1998 in collusion with the applicant-employees behind the back of the management and even employees of the Court after

24.6.1998 and the order is anti-dated. We find force in the argument of learned Senior Counsel for the SAIL that the appticant-employees procured the order dated 24.6.1998 and calculation sheets in collusion with the controlling authority by practicing fraud. l9.In the matter of S.P. Chengalvaraya Naidu (dead) By LRS. Vs. Jagannath (bead) By LRS and others reported in (1994) 1 SCC 1 it has been held that the judgment or decree obtained by playing fraud on the court is nullity and non est in the eyes of law. Such a judgment/decree- by first court or highest court- has to be treated as a nullity by every court, whether superior or inferior. It can be challenged in any court even in collateral proceedings.

In the matter of A.V. Papayya Sastry and others Vs. Govt. of A.P. and others reported in (2007) 4 SCC 221 it has been held that once it is established that the order was obtained by a successful party by practising or playing fraud, it is vitiated. Such order cannot be held legal, valid or in consonance with law. It is non-existent and non est and cannot be allowed to stand. This is the fundamental principle "finality litigation" cannot be law. The principle of stretched to the extent of an absurdity that it can be utilized as eng'\ne. of oppression by dishonest and fraudulent liti'9ants. 43 In the above matter the Hon'ble Supreme Court further observed that keeping in view totality of facts and attending circumstances including serious allegations of fraud said to have been committed by the landowners in collusion with officers of the respondent Port Trust and the Government, report submitted by the Central Bureau of Investigation (CBI), prima facie showing commission of fraud and initiation of criminal proceedings, etc. if the High Court was pleased to recall the earlier order by issuing directions to the authorities to pass an appropriate order afresh in accordance with law, cannot be said that there is miscarriage of justice which catls for interference in exercise of discretionary and equitable jurisdiction of Supreme Court. This is not a fit case which calls for our intervention under Article 136 of the Constitution. 2l.In the latest judgment in the matter of K.D.Sharma Vs. Steel Authority of India Limited & others reported in (2008) 12 SCC 481 the Hon'ble Supreme Court relying upon its earlier judgments held thus:- "26. It is well settled that "fraud avoids all judicial acts, ecclesiastical or temporal" proclaimed Chief Justice Edward Coke of England about three centuries before. Reference was made by the counsel to a leadin9 decision of this Court in S.P. Chengalvaraya Naidu Vs. Jagannath uvherein quotin9 the above observations, this Court held that a judgment/decree obtained by fraud has to be treated as a nullity by every court. "

So far as the argument advanced by Mr. Saxena, learned counsel for petitioner-R.S.Kashyap based on the judgment in the matter of Tiruchengode Agricultrual Producers Co- operative Marketing Society Ltd. (supra) that the appellate 44 authority, while exercising jurisdiction under sub-section (8) of Section 7 of the /\ct, 1972, does not have power remand the matter is concerned, the appellate authority has set aside the order after being satisfied that controlling authority passed the impugned order dated

24.6.1998 by anti-dating; the controlling authority was placed under suspension w.e.f. 25.6.1998; the order was passed in collusion with the applicant-employees in secrecy without knowledge of the employees of the court and thus the order is nullity in the eyes of law. Therefore, argument that the appellate authority ought to have decided the appeal on merits is without any substance and this Court do not find any fault with the appellate authority's order for dectaring the order of the controlling authority as non- est. The facts in the instant case are distin9uishable from the facts of above cited case.

23.0ther submission that the controlling authority decided all the 290 cases of payment of gratuity by a common order after consolidating the same and therefore, by virtue of direction of the controlling authority the impugned order and calculation sheets prepared by the Labour Inspector becomes a separate award in each case and the management to have preferred appeal in each case is concerned, this Court has already upheld the finding of the appellate authority that the order impugned was passed by the controlling authority collusion with the applicant- employees in a clandestine manner, the order was passed after 24.6.1998 and there is anti-dating. Once it is held that the order is passed in collusion with a party, the same becomes nutlity in the eyes of law and it can be impugned by the a9grieved at any stage including by way of filing writ petition. Therefore, I do not find force in the argument of 45 ^4 Mr. Saxena, learned counsel for the employees that the Act, 1972 complete Code, the aggrieved i.,e. SAIL management in the instant case, was required to challenge the order in favour of each employee separately before the appellate tribunal and in the absence of appeal by the management, the same has attained finality.

In the result; OR&ER • W.P. No.3845/99 filed by petitioner R.S. Kashyap is <; \ hereby dismissed. - W.P. (L) No.800/2008 <& other batch petitions filed by the SAIL are allowed and the Revenue Recovery Certificates issued by the controlling authority on the application of individual employees under Section 8 of the Act are hereby quashed. • The appellate authority shall decide all applications for payment of gratuity, which were disposed of by order dated 24.6.1998 passed by the Controlling Authority in Case No.ll/PGA/DG/1997, afresh as per directions of the appellate authority vide its order dated 22.4.1999 passed in Appeal Case No.47/PGA/98.

No order as to costs. Sd/- Dhirendra Mishra Judge Roshan/-