High CourtsSingle Bench(2023) 09 J&K CK 0007

J&K And Ladakh Financial Corporation Through Its Managing Director And Another vs Mohan Lal Sawhney

Jammu And Kashmir High Court · Decided on 4 September 2023

HON’BLE JUDGES
Sanjay Dhar, J
CASE NUMBER
Civil Miscellaneous No. 163, 5299 Of 2023

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Judgment

6 paragraphs · 160 words

Sanjay Dhar, J

1.

The petitioners have challenged order dated 10.03.2023 passed by the Appellate Authority (Deputy Labour Commissioner, Jammu) under Payment of Gratuity Act, 1972, whereby order dated 27.10.2022 passed by the Controlling Authority (Assistant Labour Commissioner, Jammu) has been confirmed.

2.

It is contended by learned counsel for the petitioners that the respondent had, prior to the filing of execution petition, submitted an application before the petitioners, in which he had agreed that in case gratuity amount is paid in his favour in one go, he would not claim any interest, but once he received the gratuity, the respondent filed the execution petition inspite of the fact that the matter had been settled between the parties.

3.

Issue notice to the respondent, subject to petitioners’ taking necessary steps within a period of one week.

4.

List on 16.10.2023.

5.

In the meanwhile, directions passed by the Controlling Authority as confirmed by the Appellate Authority shall remain in abeyance.