Durg, Chhattisgarh v. 1
Case Details
1 REKHA SINGH 2025:CGHC:12406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 171 of 2019 1 - Manager Kisan Rice Mill, Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District- Durg, Chhattisgarh, Through Its District- Marketing Officer,., District : Durg, Chhattisgarh --- Petitioner(s) versus 1 - Shri Chain Singh Sahu S/o Shri Jagatram Sahu Aged About 68 Years R/o Patel Chowk, Vilage And Post Selud, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cum-Assistant Labour Commissioner Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 184 of 2019 1 - Manager Kisan Rice Mill, Selud , District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And Distist Durg Chhattisgarh Its District Marketing Officer, District : Durg, Chhattisgarh ---Petitioner(s) Versus
Legal Reasoning
with the decision rendered by this Court in WPL No. 14 of 2012; (Chhattisgarh Rajya Sahakari Vipnan Sangh Maryadit v. Smt. Sangita Bai Deep and Others), decided on 17th December, 2017 in which it has been held in paragraphs 10 & 11 as under:- "10. Accordingly, the impugned orders are set aside and the matters are remitted back to the Controlling Authority for decision afresh with a further direction to record specific finding that the workmen have worked for a period of 240 days or more during the period of -10- 12 calendar months preceding the date with reference to which the calculation is to be made. 11. Since it is stand of learned counsel for the respondent workmen that the entire amount has been paid, it is directed that in all such cases where the amount has already been disbursed to the workmen, the same shall not be recovered till the matter is decided afresh by the Controlling Authority and thereafter, it shall be governed by the final order passed by the Controlling Authority."
Arguments
1 - Shri Mohan Lal Tandon S/o Shri Kartikram Tandon Aged About 64 Years R/o Ward No. 8, Jai Stambh Chowk, Village Selud, District Durg -2- Chhattisgarh, District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act -Cum - Deputy Labour Commissioner Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act -Cum - Deputy Labour Commissioner Durg District Durg Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 185 of 2019 1 - Manager Kisan Rice Mill, Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District Durg Chhattisgarh, Its District Marketing Officer, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Roopram S/o Shri Chaintram Gond Aged About 61 Years R/o Ward No. 7, Patel Chowk, Village And Post Selud, District Durg Chhattisgarh, District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act Cum-Assistant Labour Commissioner, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 264 of 2014 1 - Manager, Kisan Rice Mill Aged About 18 Years Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit Tah. And Dist. Dhamtari Through Its District Manager, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Ramadhin Nishad @ Ramadhin Dhruv And Ors. S/o Nohar Singh Dhruv R/o Vill. Aghari Nawagaon Post And Dist. Dhamtari Cg Through 3 Manoj Das, Noor Manzil, Imam Nagar Naya Bazar, Near Daihan, Math Puraina Raipur Cg, Chhattisgarh 2 - Applellate Authority Under Payment Of Gratuity Act Cum Deputy Labour Commissioner Raipur Cg, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act Cum Assistant Labour Commissioner Dhamtari Tah. And Dist. Dhamtari Cg, District : Dhamtari, Chhattisgarh --- Respondent(s) with WPL No. 172 of 2019 1 - Manager Kisan Rice Mill, Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District Durg, Chhattisgarh Through Its District Marketing Officer, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Smt. Patwarnin Bai W/o Late Shri Latkhore Kurre Aged About 59 Years R/o Ward No. 1, Bajrang Chowk, Village And Post Selud, District Durg, Chhattisgarh, District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cum-Assistant Labour Commissioner, Durg, District Durg, Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 173 of 2019 1 - Manager, Kisan Rice Mill Selud, District - Durg, Chhattisgarh, Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District Durg, Chhattisgarh, Its District Marketing Officer, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Chowa Ram And Ors. S/o Shri Jhumukram Thakur Aged About 56 Years R/o Ward No. 9, Jawahar Chowk, Village And Post Selud, -4- District - Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cum-Assistant Labour Commissioner, Durg, District - Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 174 of 2019 1 - Manager Kishan Rice Mill, Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnnan Sangh Maryadit, Tahsil And District Durg, Chhattisgarh. Through Its District Marketing Officer., District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Bhgwati Prasad S/o Late Shri Budhram Aged About 60 Years R/o Ward No. 8, Jai Stambh Chowk, Village- Selud, District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act- Cum- Deputy Labour Commissioner, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act Cum- Assistant Labour Commissioner, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 175 of 2019 1 - Manager, Kisan Rice Mill Selud, District- Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit Tahisl And District- Durg, Chhattisgarh, Through Its District- Marketing Officer., District : Durg, Chhattisgarh --Petitioner(s) 1 - Shri Vyas Narayan Yadav S/o Shri Vishnu Lal Yadav Ward No. 9, Versus 5 Jawahar Chowk, Village And Post Selud, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appllate Authority Under Payment Of Garatuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cum-Assistant Labour Commissioner Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 176 of 2019 1 - Manager, Kisan Rice Mill Selud, District - Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh, Maryadit, Tahsil And District - Durg, Through Its District Marketing Officer., District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Uttam Kumar Joshi S/o Neelkanth Joshi Aged About 61 Years R/o Ward No. 8, Jai Stambh Chowk, Village And Post Selud, District - Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act Cum-Assistant Labour Commissioner, Durg, District - Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 177 of 2019 1 - Manager, Kisan Rice Mill Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District Durg, Chhattisgarh Through Its District Marketing Officer, District : Durg, Chhattisgarh ---Petitioner(s) 1 - Smt. Kirti Ratre And Ors. W/o Late Shri Laxman Ratre Aged About 51 Versus -6- Years R/o Ward No. 8, Jai Stambh Chowk, Village And Post Selud, District Durg, Chhattisgarh, District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cum-Assistant Labour Commissioner, Durg, District Durg, Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 178 of 2019 1 - Manager, Kisan Rice Mill District Durg, Chhattisgarh Rajya Sahkari Vipnnan Sangh Maryadit, Tahsil And District Durg, Chhattisgarh. Through Its District Marketing Officer., Chhattisgarh ---Petitioner(s) Versus 1 - Shri Ramkumar S/o Late Itwari Teli Aged About 61 Years R/o Babu Kuti, Village- Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellat Authority Under Payment Of Gratuity Act- Cum- Deputy Labour Commissioner, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act Cum- Assistant Labour Commissioner, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 179 of 2019 1 - Manager Kisan Rice Mill, Selud, District Durg Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh ---Petitioner(s) Versus 7 1 - Shri Dilip Kumar Sahu S/o Late Shri Samaru Sahu Aged About 56 Years R/o Ward No. 07, Patel Chowk, Village And Post Selud, District Durg Chhattisgarh, District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Acu-Cum-Deputy Labour Commissioner Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cum Assistant Labour Commissioner Durg District Durg Chhattisgarh, District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 180 of 2019 1 - Manager Kisan Rice Mill, Selud, District - Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District - Durg, Chhattisgarh, Its District Marketing Officer, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Jaiprakash Kurre Aged About 55 Years R/o Ward No. 8 Jai Stambh Chowk, Village - Selud, District - Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act-Cum-Assistant Labour Commissioner Durg, District - Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 181 of 2019 1 - Manager, Kisan Rice Mill Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit, Tahsil And District Durg, Chhattisgarh. Through Its District Marketing Officer., District : Durg, Chhattisgarh ---Petitioner(s) -8- Versus 1 - Shri Komal Prasad Kuti S/o Shri Bhuvan Lal Aged About 61 Years R/o Ward No.8, Jai Stambh Chowk, Village Selud, District Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh. 3 - Controlling Authority Under Payment Of Gratuity Act, Cum-Assistant Labour Commissioner Durg, District Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 182 of 2019 1 - Manager Kisan Rice Mill, Selud, District Durg, Chhattisgarh Rajya Sahkari Vipnan Sangh Mryadit, Tahsil And District- Durg, Chhattisgarh, Through, Its District Marketing Officer,, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Chhagan Lal Yadav S/o Late Bishnu Yadav Aged About 61 Years R/o Ward No. 9, Jawahar Chowk, Village And Post-Selud, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 2 - Appellate Authority Under Payment Of Gratuity Act-Cum-Deputy Labour Commissioner Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act, Cium-Assistant Labour Commissioner Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent(s) with WPL No. 250 of 2014 9 1 - Manager, Kisan Rice Mill Aged About 18 Years Chhattisgarh Rajya Sahkari Vipnan Sangh Maryadit Tah. And Dist. Dhamtari Through Its District Manager, Chhattisgarh ---Petitioner(s) Versus 1 - Shri Jagtu Ram Nishad And Ors. S/o Banwali R/o Bathena Basti Post Dhamtari Distt. Dhamtari C.G. Through Manoj Das Noor Manzil Iman Nagar Naya Bazar Near Daihan Math Puraina Raiur Idstt. Raipur C.G., Chhattisgarh 2 - Applellate Authority Under Payment Of Gratuity Act Cum Deputy Labour Commissioner Raipur Cg, District : Raipur, Chhattisgarh 3 - Controlling Authority Under Payment Of Gratuity Act Cum Assistant Labour Commissioner Dhamtari Tah. And Dist. Dhamtari Cg, District : Dhamtari, Chhattisgarh ---- Respondents For Petitioners For State Mr. Lav Sharma, PL : Mr. Ashish Surana, Advocate : Mr. Vinay Pandey, Dy. A.G. along with Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.03.2025 1. Learned counsel for the parties would submit that the issue involved in the present batch of writ petitions is squarely covered
Decision
2. The present writ petitions are also disposed of in the same terms with further observation that while deciding afresh, the Controlling Authority shall afford the opportunity to produce material and lead evidence to both parties. Rekha Sd/- (Rakesh Mohan Pandey) Judge