Chief Manager, MP. M. K. v. V. VS Keshav Prasad Sharma
2014-11-05
SUJOY PAUL
body2014
DigiLaw.ai
ORDER 1. Heard. 2. Shri Jain fairly admits that a batch of similar petitions are decided by this Court by common order passed in WP No.8918/2013 dated 14.3.2014. However, Shri Jain submits that recently by notification dated 6.6.2014, the State Government has exempted the employer from liability to pay gratuity but said exemption is made effective from 6.6.2014. The employer requested to apply notification with retrospective effect is pending and, hence, petition be entertained. Shri Jain submits that this aspect needs consideration. 3. In the opinion of this Court, this aspect was also considered in a batch of petitions including WP No.412/2014. This Court passed following order :- “2. During the course of argument, learned counsel for the parties fairly admit that a batch of similar petitions are already decided by a common order dated 14.3.2014, passed in Writ Petition No.8918/2013 and other connected matters. It is also agreed that a coordinate Bench has followed the said judgment in WP No.1265/2014 on 8.5.2014. However, Shri Ravi Jain, learned counsel for the employer submits that recently by notification dated 6.6.2014, the State Government has exempted the employer from Payment of Gratuity Act but the said exemption is effective from 6.6.2014. The employer has made a request that this notification be made retrospective from 2006. 3. I do not see any merit in the said contention. On the basis of said contention, the benefits accrued in favour of the employees cannot be denied. As on date, there is no material on record to show that any exemption was prevailing when the claim is decided by the Controlling and Appellate Authorities. Otherwise, as agreed, this matter is covered by the judgment of this Court in WP No. 8918/2013. 4. Considering the aforesaid, I find no reason to deviate from the earlier view. Resultantly, by following the judgment in WP No.8918/2013 the petitions are dismissed. No costs. 4. In the light of aforesaid, I find no reason to entertain this petition. Petition is bereft of merits and is hereby dismissed.