The writ petition was filed against the order dated 11.11.2024 passed by the Assistant Labour Commissioner (Central) & Controlling Authority, directing payment of gratuity under the Payment of Gratuity Act, 1972. The petitioner's case is that Respondent No. 4, an ex-employee, had joined as Manager, Technical Operations on 18.09.2002 and resigned on 03.12.2014. The respondent raised the issue of the writ petition's maintainability, arguing that the petitioner had a remedy before the Regional Labor Commissioner and was attempting to avoid depositing the award amount. The petitioner argued that the company was under Corporate Insolvency Resolution Proceedings (CIRP) and that the respondent had already filed a claim for gratuity during CIRP, which was considered and
…M/s. Stesalit Limited filed a writ petition against the order of the Assistant Labour Commissioner (Central) & Controlling Authority, which directed the company to pay gratuity to Shri Arun Roy, an ex-employee. Shri Roy had worked as Manager, Technical Operations from 18.09.2002 until his resignation on 03.12.2014. The company argued that it was undergoing Corporate Insolvency Resolution Proceedings (CIRP) and that Shri Roy had already filed a claim for gratuity during CIRP, which was partially awarded under the approved Resolution Plan. The company contended that the IB Code overrides the Payment of Gratuity Act. Shri Roy, as Respondent No. 4, argued for the maintainability of the order for gratuity payment. The Assistant Labour Commissioner had directed the
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The Assistant Labour Commissioner (Central) &…
Hearing concl…
The writ petition was filed against the order dated 11.11.2024 passed by the Assistant Labour Commissioner (Central) & Controlling Authority, directing payment of gratuity under the Payment of Gratuity Act, 1972. The petitioner's case is that Respondent No. 4, an ex-employee, had joined as Manager, Technical Operations on 18.09.2002 and resigned on 03.12.2014. The respondent raised the issue of the writ petition's maintainability, arguing that the petitioner had a remedy before the Regional Labor Commissioner and was attempting to avoid depositing the award amount. The petitioner argued that the company was under Corporate Insolvency Resolution Proceedings (CIRP) and that the respondent had already filed a claim for gratuity during CIRP, which was considered and
…M/s. Stesalit Limited filed a writ petition against the order of the Assistant Labour Commissioner (Central) & Controlling Authority, which directed the company to pay gratuity to Shri Arun Roy, an ex-employee. Shri Roy had worked as Manager, Technical Operations from 18.09.2002 until his resignation on 03.12.2014. The company argued that it was undergoing Corporate Insolvency Resolution Proceedings (CIRP) and that Shri Roy had already filed a claim for gratuity during CIRP, which was partially awarded under the approved Resolution Plan. The company contended that the IB Code overrides the Payment of Gratuity Act. Shri Roy, as Respondent No. 4, argued for the maintainability of the order for gratuity payment. The Assistant Labour Commissioner had directed the
…The Assistant Labour Commissioner (Central) &…
Hearing concl…