Abdul Rashid Noor Mohomadkhan v. Shivanna S. Shetty & Ors.
Case at a glance
Provisions considered
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 987 OF 2010 Abdul Rashid Noor Mohomadkhan and two others ..Petitioners v/s. Shivanna S. Shetty & others ..Respondents Mr. P. M. Patel for the Petitioner. Mr. V. P. Vaidya for the Respondent CORAM : S.J. KATHAWALLA, J. DATE : 9th July, 2010. P.C. By consent of the parties following order is passed. i. The orders dated 31.3.2005 and 9th April, 2004 and the recovery certificate dated 22nd February, 2007 are quashed and set aside. ii. Respondent No.1 shall be at liberty to file a fresh application before the Controlling Authority under the Payment of Gratuity Act, 1972 seeking gratuity from the petitioner within a period of four weeks from today. iii. In the event of such application filed by the Respondent no.1 the petitioners shall not raise an objection that the said Application is barred by the law of limitation. However, it will be open for the parties to 2 raise all other contentions. iv. The Controlling Authority under the Gratuity Act , upon receipt of such application shall dispose of the same within a period of six weeks after allowing the Petitioners to file their response to the Application and after hearing the parties. The Writ Petition is accordingly disposed of with no order as as to costs.
( S.J. KATHAWALLA, J. )
Questions this judgment answers
Which statutory provisions did this judgment involve?
Payment of Gratuity Act, 1972.
Which court decided this case, and when?
Bombay High Court, on 09 Jul 2010. The bench was S KATHAWALLA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.