High CourtsDivision Bench(2023) 01 SHI CK 0052

Gusaun Ram vs State Of H.P. And Ors

High Court Of Himachal Pradesh · Decided on 13 January 2023

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
CASE NUMBER
Civil Writ Petition No. 323 Of 2023

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Judgment

7 paragraphs · 191 words

Sabina, J

1.

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief(s):-

“i. That the respondents may be ordered to pay gratuity to the petitioner in terms of office memorandum dated 08.01.2021 with immediate effect”

2.

Learned counsel for the petitioner has submitted that respondents are liable to calculate the gratuity amount of the petitioner for the period he remained on daily wage basis as per “The Payment of Gratuity Act, 1972”. Learned counsel has further submitted that, at this stage, the petitioner would be satisfied in case the respondents are directed to consider the case of the petitioner in light of the Office Memorandum dated 08.01.2021 (Annexure P- 1) .

3.

Accordingly, without adverting to the merits of the case, we deem it appropriate to dispose of the writ petition with a direction to the respondents to consider the case of the petitioner and pass appropriate orders in light of the Office Memorandum dated 08.01.2021 (Annexure P-1), within a period of two months from today.

4.

Pending miscellaneous application(s), if any, shall also stand disposed of.

To come up for compliance, on 01.04.2023.