Baldwin Farm Area High School vs State Of Jharkhand & Others

Kailash Prasad Deo, J

Heard, learned counsel for the petitioner, Mr. Rama Kant Tiwari assisted by learned counsel, Mr. Sunil Kumar Agarwal and learned counsel for the respondents / State, Mr. Manoj Kumar, G.A.-III.

Learned counsel for the petitioner, Mr. Rama Kant Tiwari assisted by learned counsel, Mr. Sunil Kumar Agarwal has submitted, that petitioner, Baldwin Farm Area High School has preferred this writ petition under Article 226 of the Constitution of India for quashing the orders dated 17.01.2022 and 25.03.2022 passed by the Deputy Labour Commissioner-cum-Controlling Authority under the Payment of Gratuity Act, 1972 at Jamshedpur (Respondent No.2) in G.A. Case No.05/2021, whereby the direction has been issued to the petitioner to pay the amount of Rs.2,29,688/- as gratuity and interest @ 10 % per annum from 30.11.2019 to the actual date of payment to respondent No.4 namely, Smt. Archana Kumari, W/o Sri Raj Kishor Prasad, resident of J-3/4, Gangotri Complex, Baradwari Enclave, P.O. - Sakchi, P.S.- Sitaramdera, Jamshedpur for the period of 12 years 7 months i.e. 13 years within period of 30 days of the receipt of the notice.

Learned counsel for the petitioner has further submitted, that I.A. No.4387/2022 has been filed for stay of the impugned order, as petitioner has preferred an appeal before respondent no.3, the Labour Commissioner-cum-Appellate Authority, under the Payment of Gratuity Act, 1972 on 20.04.2022, but as the appellate forum is vacant, awaiting for posting, as such, the appeal number has not been provided and the statutory amount has also not been deposited, as such, in exercise of efficacious and alternative remedy, the writ petition has been preferred.

Learned counsel for the petitioner has further submitted, that defect nos. 1 to 11 will be removed within a period of one week and statutory amount for preferring an appeal will be deposited before the learned Registrar General of this Court within 10 days, for depositing the same in the fixed deposit, so as to earn interest, so that none of the parties may suffer loss at the end of litigation.

Learned counsel for the respondents / State, Mr. Manoj Kumar, G.A.-III has submitted, that interlocutory application may be disposed of, but notice may be issued to respondent no. 4.

Learned counsel for the respondents / State has further submitted, in the meantime, he will take endeveour to inform the State to post some authority, so that appellate forum should not remain vacant.

From perusal of office note dated 19.05.2022, it appears that defect nos. 1 to 11, as pointed out by the office vide S.R. dated 19.05.2022 have not been removed.

Defect nos. 1 to 11 are as follows:-

Presentation form may be signed by Ld. Adv.

Complete detail of respondent no.3 may be mentioned.

Annexure no. may be mentioned with document described in para 1, prayer and synopsis.

Para no. after para 1 may be verified or corrected.

Detail of petitioner on affidavit is differ with cause title page.

Designation may be mentioned in para 1 of affidavit.

Particulars against annexure 1 to 6 in Index is differ with sub para 7, 8, 9, 11, 12, 13.

Case no. in para 1, prayer and synopsis may be verified or corrected.

Original certified copy of annexure 3 and 5 may be given with AFS of Rs. 10 each.

Typed copy of page no.23 may be given.

Fresh copy or typed copy of page no.27, 28, 49, 50 may be given.

Considering the same, as the Court is working as Vacation Court and petitioner has an apprehension that because of impugned orders, petitioner's account may be freezed and may suffer loss, as such, this Court directs the respondents / State not to take any coercive steps against the petitioner till the disposal of this Writ Petition, subject to condition that petitioner must remove all the defects within one week and deposit the statutory amount within a period of 10 days before the learned Registrar General, Jharkhand High Court, Ranchi, who shall deposit the same in fixed deposit so as to earn interest.

Let notice be issued to the respondent no. 4, namely, Smt. Archana Kumari, W/o Sri Raj Kishor Prasad, resident of J-3/4, Gangotri Complex, Baradwari Enclave, P.O. - Sakchi, P.S.- Sitaramdera, Jamshedpur under Speed Post, for which requisites etc. must be filed by 23.05.2022 for her appearance.

Office to track the Speed Post.

Let the matter be listed after service of notice.

In the meantime, respondents / State is directed to file counter affidavit within four weeks, duly sworn by competent authority.

Operation of impugned orders is hereby stayed during pendency of the writ petition.

I.A. No. 4387/2022 is hereby allowed.