- (1.) This Application Has Been Filed Seeking Amendment In the writ petition for challenging notice dated 03.10.2012 issued in Case No. 05 of 201011 and order dated 17.10.2013 in C.C. No. 05 of 201213. Since the cause of action disclosed by the petitioner for filing the present writ petition is entirely different from the cause of action for challenging notice dated 03.10.2012 and order dated 17.10.2013, the learned counsel for the petitioner does not press this application and seeks liberty to file writ petition for challenging the said orders. Prayer is granted. This application is disposed of as not pressed with liberty to the petitioner to challenge notice dated 03.10.2012 and order dated 17.10.2013 by filing separate writ petition. I.A. No. 756 of 2015 This application has been filed seeking amendment in the writ petition for challenging order dated 13.01.2011 vide Memo No. 117 passed by Dy. Labour Commissioner, Ranchi. The learned counsel for the petitioner does not want to press this application. Accordingly, this application is disposed of as not pressed with liberty to the petitioner to challenge order dated 13.01.2011 by filing separate writ petition. I.A. No. 1586 of 2014 This application has been filed seeking stay of notice dated 03.10.2012 and order dated 17.10.2013. In view of order passed in I.A. No. 8738 of 2013, this application has become infructuous. W.P.(L) No. 5592 of 2008 Aggrieved by order dated 19.12.2002 in Case No. G.P.39 of 2000 passed by the Deputy Labour CommissionercumControlling Officer directing payment of Rs. 3,32,135/ with 10% interest per annum and order dated 18.10.2008 in Appeal Case No. PG01 of 2008 whereby, the Appellate Authority dismissed the appeal on the ground of limitation, the present writ petition has been filed.
(2.) The Brief Facts Of The Case Are That, The Respondent Was an employee of Swarnrekha Watch Factory, a unit of Bihar State Industrial Development Corporation. After his retirement, the respondent raised a claim for retiral dues under Section 4 and under Section 7 of the Payment of Gratuity Act, 1972 and vide order dated 19.12.2002 in Case No. GP39 of 2000, the Deputy Labour CommissionercumControlling Officer passed an award of Rs. 3,32,135/ with 10% interest per annum in favour of the respondent. Since the petitioner due to financial crisis could not satisfy the award, a certificate case was initiated for realisation of Rs. 3,32,135/. The proceeding in Case No. 1(Lab.) 200304 before the Certificate Officer, Sadar, Ranchi was challenged by the petitioner in W.P.(C) No. 242 of 2006. The writ petition was dismissed on 30.03.2007 with liberty to the petitioner to raise objection before the Certificate Officer. The petitioner challenged award dated 19.12.2002 in W.P.(L) No. 6130 of 2007 however, the writ petition was dismissed with liberty to the petitioner to avail statutory remedy of appeal. Consequently, the petitioner filed Appeal No. PG01/2008 challenging award dated 19.12.2002. The Appellate Authority dismissed the appeal on the ground that the appeal was timebarred and the Appellate Authority has no power to condone delay.
(3.) Heard The Learned Counsel For The Parties.;