Court No. - 42
Case :- WRIT - C No. - 9342 of 2021 Petitioner :- Mandi Nideshak And Another Respondent :- Dev Kumar Porwal And 3 Others Counsel for Petitioner :- Adarsh Bhushan Counsel for Respondent :- Amit Kumar Mishra
Hon'ble Vivek Kumar Birla,J.
Heard Sri Adarsh Bhushan, learned counsel for petitioners and Sri Amit Kumar Mishra, learned counsel appearing for the private contesting respondent no. 1.
Present petition has been filed with following prayer:-
"(i) To issue a writ, order or direction in the nature of certiorari quashing impugned judgment dated 18.03.2020 (Annexure No. 4 to the writ petition) in P.G.A. Case No. 03 of 2019 (Dev Kumar Poorwal v/s Mandi Nideshak, Rajya Krishi Utpadan Mandi Parishad & Others) passed by Controller Authority of Gratuity Payment Act 1972/ Deputy Labour Commissioner, Kanpur and impugned judgment dated 18.12.2020 (Annexure No. 8 to the writ petition) in P.G. Appeal No. 01 of 2020 (Sachiv, Krishi Utpadan Mandi Samiti & Otrs v/s Dev Kumar Poorwal) passed by Appellate Authority of Gratuity Payment Act 1972 / Deputy Labour Commissioner, Jhansi.
(ii) To issue a writ, order or direction in the nature of mandamus directing Respondent No. 4 not to disburse Rs. 3,29,106/- in favour of Respondent No. 1 in pursuance of the impugned award and judgment dated 18.03.2020.
(iii) To award the cost of this petition in favour of the petitioner;
(iv) To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."
At the very outset, learned counsel appearing for the respondent has placed reliance on a judgment dated 19.7.2016 passed by this Court in Writ- C No. 24841 of 2016 (Krishi Utpadan Mandi Samiti vs. Appellate Authority And 2 Others) to contend that the controversy involved in the present petition is squarely covered by the abovenoted judgment and therefore, the present petition is also liable to be dismissed. It is pointed out that on the basis of the same another writ petition being Writ- C No. 24844 of 2016 (Krishi Utpadan Mandi Samiti vs. Appellate Authority And 2 Others) was also dismissed vide order dated 19.7.2016. The judgment in Writ- C No. 24844 of 2016 was challenged before the Hon'ble Apex Court by way of filing Special Leave Petition No. 34308 of 2016, which was also dismissed by the Hon'ble Apex Court vide order dated 6.2.2017.
Learned counsel for petitioners could not dispute the aforesaid position.
In such view of the matter, present petition also stands dismissed.
Order Date :- 12.8.2021 Aditya