Section 2 (d) of the Act defines Controlling Authority  as an authority appointed by the appropriate Government under Show

Section 2 (d) of the Act defines Controlling Authority  as an authority appointed by the appropriate Government under Section 3 of the Act. Under Section 3 the Controlling Authority is made responsible for the administration of the Act and it further provides for appointment of different authorities for different areas. Section 7 deals with for determination of the amount of gratuity. Every person who is eligible for payment of gratuity under the Act is required to send a written application to the employer in the prescribed form for payment of such gratuity. Sub-section (2) of Section 7 provides once the gratuity becomes payable, the employer shall, whether an application has been made or not, determine the amount of gratuity and give notice in 28writing to the person to whom the gratuity is payable and also to the Controlling Authority specifying the amount of gratuity so determined and arrange to pay the amount of gratuity to the person to whom the gratuity is payable. The Scheme envisaged under Section 7 of the Act, is that in case of any dispute to the amount of gratuity payable to an employee under the Act or as to the admissibility of any claim of, or in relation to, an employee payable to gratuity etc. the employer is required to deposit with the Controlling Authority the admitted amount payable as gratuity. 

The High Court, in our opinion, without getting the matter enquired into could not have opined that it was a clear cut case of sexual harassment of the writ petitioner and on that basis directed initiation of a disciplinary action in the manner as..

The High Court, in our opinion, without getting the matter enquired into could not have opined that it was a clear cut case of sexual harassment of the writ petitioner and on that basis directed initiation of a disciplinary action in the manner as has been done in paragraph 8 noticed (supra).  We, in modification, of the order passed by the High Court direct that as no complaint committee has been constituted, which was imperative in character, the High Court may appoint a Three Members Committee headed by a Lady and in the event it is found that the writ petitioner was subjected to sexual harassment, the report thereof may be sent to the army authorities for initiation of a disciplinary action against the appellants herein on the basis thereof. All the expenditures which may be incurred in this behalf may be borne by the Army Authorities.

Constitution of India, 1951

The Appellant is an aggrieved person and as such it is entitled to file the Appeal. (b) The condition imposed on the Appellant to maintain the value of its Letter of Credit equivalent to the outstanding invoices while directing the Gujarat Petrone..

The Appellant is an aggrieved person and as such it is entitled to file the Appeal. (b) The condition imposed on the Appellant to maintain the value of its Letter of Credit equivalent to the outstanding invoices while directing the Gujarat Petronet not to take coercive steps in the Impugned Order is fair and justified In view of the above, there is no merit in the Appeal. Accordingly, the Appeal is dismissed. In view of the dismissal of the Main Appeal, no Order need be passed in IA No.369 of 2013 45. The Appellant is directed to comply with the impugned orders of the Petroleum Board forthwith without any delay. The Petroleum Board may take up the Main matter and dispose of the same as early as possible after hearing the parties.

Petroleum and Natural Gas Regulatory Board Act, 2006

Tribunals have considered the submissions.  In our view, error is apparent in the order of the Tribunal, as the status of the applicant-respondent has not been the same as that of Shivendra Pal or Naresh Bagri.  They were working as driv..

Tribunals have considered the submissions.  In our view, error is apparent in the order of the Tribunal, as the status of the applicant-respondent has not been the same as that of Shivendra Pal or Naresh Bagri.  They were working as driver, which is a Group C post on no work no wages basis; whereas the applicant-respondent was working as a casual worker with temporary status. It is a matter of common knowledge that appointment as causal worker is made against Group D post.  Besides, it is also not mentioned in the order of the Tribunal that the applicant had ever applied for the post of Driver. Thus, the applicant not having worked on the post of Driver on casual basis cannot claim benefit of age relaxation or other relaxation which has been extended to Shivender Pal and Naresh Bagri in terms of the order of the Tribunal. In view of the above, in our view, the Review Application deserves to be allowed.  It is accordingly allowed. The order of the Tribunal dated 22.12.2011 is hereby recalled and the OA is restored to its original number. Let the OA itself be listed for final disposal on 29.5.2014. 

This writ petition is disposed of directing the respondents to release the due and admissible vacation salary to the petitioner in case the same has not been granted so far, within a period of three months from the date of production of a copy of ..

This writ petition is disposed of directing the respondents to release the due and admissible vacation salary to the petitioner in case the same has not been granted so far, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and a copy of the judgment, referred to above by the petitioner. If the amounts are not disbursed as above, the petitioner will be entitled to interest @ 10% and the officers responsible for the delay shall be personally liable for the same.

Learned counsel for the respondents, on the other hand, could not point out as to whether the period of absence of 98 days was without pay and allowances. In view of the aforesaid discharge certificate of the respondents themselves stating the ser..

Learned counsel for the respondents, on the other hand, could not point out as to whether the period of absence of 98 days was without pay and allowances. In view of the aforesaid discharge certificate of the respondents themselves stating the service rendered by the petitioner as 14 years and 324 days, we are of the opinion that it is clinching evidence in favour of the petitioner and having regard to Regulation 9 of Pension Regulations, the fraction of a year equal to three months and above but less than six months is to be treated as a completed one half year, therefore, the petitioner had rendered 15 years of service. It is not in dispute that 15 years of service is the qualifying service to earn pension. The petitioner would thus be entitled to pension. 

Judges found that Senior Town Planner, Faridabad Circle is already seized of the matter and has in fact issued a letter dated 22.7.2013 to the District Town Planner for necessary action. Thus, the concerned authorities are in seisin of the dispute..

Judges found that Senior Town Planner, Faridabad Circle is already seized of the matter and has in fact issued a letter dated 22.7.2013 to the District Town Planner for necessary action. Thus, the concerned authorities are in seisin of the dispute. Mr. Ajay Gupta, Addl. Advocate General, Haryana, who is present in Court, assures that he will get the matter personally verified to ensure that whatever action has been initiated by the Senior Town Planner is taken to its logical conclusion.  We dismiss the petition with the aforesaid observations.  In view of our observations, a copy of the petition has been supplied to learned Additional Advocate General in Court. 

In the light of the above, let an affidavit be filed by the Director General, News Service Division, AIR, Akashwani, New Delhi for failure to appear in the court despite directions given by this court vide orders dated 10.01.2014 and 21.02.2014. A..

In the light of the above, let an affidavit be filed by the Director General, News Service Division, AIR, Akashwani, New Delhi for failure to appear in the court despite directions given by this court vide orders dated 10.01.2014 and 21.02.2014. Affidavit shall be filed within a period of three weeks. The court is also appalled to find that no prompt steps were taken by the said department to file reply to the review petition as the same is still not on record. Let the counsel take steps to place the said reply on record before the next date of hearing. Rejoinder, if any, be filed by the applicant within a period of four weeks. List this matter for final disposal on 23rd May, 2014. 

Needless to say, the competent authority will now only examine as to whether the petitioner should get full pay and allowances for the suspension period, and not, revisit its order which, inter alia, directs reinstatement of the petitioner and reg..

Needless to say, the competent authority will now only examine as to whether the petitioner should get full pay and allowances for the suspension period, and not, revisit its order which, inter alia, directs reinstatement of the petitioner and regularization of the said period, for the purposes of pensionary benefits. 12. The competent authority before passing the order would issue notice to the petitioner calling upon him as to whether he would want to have a say in the matter. After hearing the petitioner, the competent authority will be free to pass an order; albeit in accordance with law. Since the acquittal of the petitioner took place as far back as in 2009, the competent authority would expedite the hearing in the matter and pass an appropriate order in the matter. 13. The writ petition is thus allowed, in the aforesaid terms. The necessary consequences of this would be that order dated 04.04.2011 will also fall by the wayside. The said order, is also, accordingly, quashed.

Insofar as the plea of discrimination qua Mr. Kiran Pal is concerned, I find, no such plea was taken in the claim petition except a bald averment that a workman junior to the petitioner is continuing in the department without naming him. In the ab..

Insofar as the plea of discrimination qua Mr. Kiran Pal is concerned, I find, no such plea was taken in the claim petition except a bald averment that a workman junior to the petitioner is continuing in the department without naming him. In the absence of any specific averment and the name of the person so engaged, no relief could have been granted by the Industrial Tribunal. That apart, it has been observed by the Industrial Tribunal in its order dated May 02, 2013 as under: “The anagement witness has stated in his cross-examination that one Sh. Kiran Pal been continued in service. He was in freezing department whereas the workman was in the Battery Department. Sh. Kiran Pal was trainee technician and he was in deferent department, so his services have been retained. He was working at the time of this workman”. In view of the aforesaid observation of the Industrial Tribunal, even the last plea of the petitioner is unsustainable. I do not find any merit in the writ petition. The same is dismissed.

We have specifically questioned learned counsel for the Petitioner that considering the nature of the duties required to be performed by the Petitioner of carrying troops in the official vehicle over rugged terrains, naxal/terrorist infested areas..

We have specifically questioned learned counsel for the Petitioner that considering the nature of the duties required to be performed by the Petitioner of carrying troops in the official vehicle over rugged terrains, naxal/terrorist infested areas and disastrous conditions, if this Court grants the prayer of the Petitioner, would it not be playing with the life of the Petitioner as also with the lives of troops in the vehicle driven by a person who has been declared unfit to perform his duty in ITBP Force by the Medical Board as well as Review Medical Board. Learned counsel for the Petitioner had no answer to the above question. In Judges opinion, the grievance of the Petitioner has already been redressed by this Court in W.P.(C) No.5939/2010 and we do not find any reason to pass an order for constitution of another Review Medical Board. Resultantly, the writ petition is hereby dismissed. No order as to costs.

Nearly nine years after the rejection of his revision the petitioner rose from his slumber like Rip-Van-Winkle and filed the instant petition in the year 1998. It is apparent that if the petitioner were to file a civil suit challenging the penalty..

Nearly nine years after the rejection of his revision the petitioner rose from his slumber like Rip-Van-Winkle and filed the instant petition in the year 1998. It is apparent that if the petitioner were to file a civil suit challenging the penalty imposed upon him the same would have been dismissed as barred by limitation. 33. It is settled law that a good measure to determine whether a writ petition is hit by delay and laches is to see the period for limitation for filing a suit if the challenge was by way of suit and if the suit was barred by limitation, the same would be a measure to hold that the writ petition suffers from delay and laches. The cause sought to be resuscitated by the petitioner by filing the instant writ petition nearly nine years after the rejection of his revision is incapable of being brought to life, more so when the plea relating to issuance of note of disagreement by the Disciplinary Authority does not find a reflection in the pleadings made in the instant petition, and thus the writ petition is dismissed.

Writ Petition is allowed as above with no order as to costs. All financial benefits as per Page 8 8 this order shall be paid to the petitioner as early as possible and in no case later than two months from the date of receipt of copy of this order..

Writ Petition is allowed as above with no order as to costs. All financial benefits as per Page 8 8 this order shall be paid to the petitioner as early as possible and in no case later than two months from the date of receipt of copy of this order. This order shall also be applicable to all Judicial Officers who have been denied benefit of three advance increments on the basis that they acquired higher educational qualification in law before 1.11.1999.