08.2024 THE GOVT. OF HARYANA, FOREST DEPARTMENT v. HARI SINGH & Ors.
Case at a glance
Outcome
Set aside
Accordingly, the impugned order is set aside and the matter is remanded
Provisions considered
- Constitution of India arts. 226, 227
- Payment of Gratuity Act, 1972
Key paragraphs
- Para 44. Without considering the merits of the case, this Court finds it appropriate to set aside the impugned order dated 08.01.2024 and pass an order on merits including the application seeking condonation of delay. Accordingly, the impugned order is set aside and the matter is…
Judgment
CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present : Mr. Raman Sharma, Addl.A.G., Haryana. **** JAGMOHAN BANSAL, J. (Oral)
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 29.04.2022 (Annexure P-3) passed by Controlling Authority under the Payment of Gratuity Act, 1972 (for short, ‘1972 Act’) and order dated
08.01.2024 (Annexure P-6) whereby Appellate Authority has dismissed his appeal on the ground that appeal is not addressed to proper Court.
Mr. Raman Sharma, Addl.A.G., Haryana, submits that concededly appeal against order of Controlling Authority constituted under the 1972 Act lies before the Appellate Authority. The petitioner feeling aggrieved from order dated 29.04.2022 passed by Controlling Authority preferred an appeal before the Appellate Authority. The heading of the appeal filed by the petitioner was “Appellate Anju Goel 2024.08.05 16:56 I attest to the accuracy and integrity of this document Chandigarh CWP-18658-2024 2 Authority/Deputy Labour Commissioner whereas it should be “Appellate Authority under the Payment of Gratuity Act, 1972”. The Appellate Authority forming a hyper-technical opinion has dismissed appeal of the petitioner.
Order dated 29.04.2022 is an appealable order and the appeal was filed before the Appellate Authority along with an application seeking condonation of delay. As per petitioner, there was a minor mistake in the heading of the appeal. From the perusal of impugned order, it is not possible to conclude that appeal was not addressed to proper Court.
Operative part
Without considering the merits of the case, this Court finds it appropriate to set aside the impugned order dated 08.01.2024 and pass an order on merits including the application seeking condonation of delay. Accordingly, the impugned order is set aside and the matter is remanded back to the Appellate Authority to pass fresh order.
Disposed of. (JAGMOHAN BANSAL) JUDGE
05.08.2024 Whether speaking/reasoned Whether Reportable : Yes/No : Yes/No Anju Goel 2024.08.05 16:56 I attest to the accuracy and integrity of this document Chandigarh
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the impugned order is set aside and the matter is remanded
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Payment of Gratuity Act, 1972.
Which court decided this case, and when?
Punjab & Haryana High Court, on 05 Aug 2024. The bench was JAGMOHAN BANSAL.
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.