IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5004 of 2010 1. M/S JANKI COLD STORAGE PVT. LTD. MEHARPAR, P.O.- RANABIGHA, P.S. LAHERI, DISTT.- NALANDA, THROUGH ITS MANAGING DIRECTOR SRI ASHOK KUMAR, S/O SRI LAKHAN LAL SAO 2. SRI LAKHAN LAL SAO S/O LATE JANKI SAO DIRECTOR, M/S JANKI COLD STORAGE PRIVATE LIMITED, R/O MOHALLA- MORAPRPUR, P.O.- BIHARSHARIF, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR 2. SRI SURESH THAKUR S/O LATE SHIBU THAKUR R/O VILL. + P.O. + P.S.- DEEP NAGAR, DISTT.- NALANDA 3. SRI KRISHNA PRASAD S/O DWARIKA MAHTO R/O VILL.- VISHNUPUR, P.O.- HARGAON, P.S. MANPUR, DISTT.- NALANDA 4. RAJENDRA PRASAD S/O LATE CHANDRA SHEKHAR MAHTO R/O VILL.- SIPAH, P.S. RANA BIGHA, P.S. DEEP-NAGAR, DISTT.- NALANDA 5. GAJADHAR PRASAD S/O LATE RAM KISUN MAHTO R/O VILLAGE + P.O.- BARAKHURD, P.S. NOOR SARAI, DISTT.- NALANDA 6. RAMAVTAR PRASAD S/O LATE MEHAR CHANDRA MAHTO R/O VILL.- SIPAH, P.O. RANA BIGHA, P.S. DEEP NAGAR, DISTT.- NALANDA 7. PARMESHWAR RAUT S/O LATE RAK KISHUN RAUT R/O VILL. + P.O.- MURARU, P.S. BIHAR SHARIF, DISTT.- NALANDA 8. RAJENDRA PRASAD SINHA S/O LATE RAMKISHUN PRASAD SINHA R/O VILLAGE + P.O. BARAKHUND, P.S. NOORSARAI, DISTT.- NALANDA 9. SHIV PRASAD S/O LATE CHURAMAN MAHTO R/O VILL.- TIKULIPAR, P.O. + P.S.- BIHAR SHARIF, DISTT.- NALANDA 10. DEPUTY LABOUR COMMISSIONER - CUM - CONTROLLING OFFICER, PATNA ----------- 2. 3.05.2010 The petitioner no. 1 is a Private Limited Company and petitioner no.2 is one of its Directors. They challenge the orders dated 31.07.2009 (Annexure-3 series) by which the Deputy Labour Commissioner-cum-Controlling Officer has passed orders for payment of gratuity under Payment of Gratuity Act, 1972. The grounds for challenging the said orders are that these orders are ex-parte orders without service of notice. Petitioners points out that since 1998 petitioners’ cold storage was closed because of dispute amongst Directors since long. They were not heard in the 2 matter and the orders have been passed in their absence. Having considered the matter, in my view, no harm will be caused, if the orders as passed and challenged are set aside with a direction to the petitioners to appear before the Deputy Labour Commissioner-cum-Controlling Officer in relation to payment of gratuity in G.A. Case No.18 to 24 of 2004 and file any representation as they may like to file. On the petitioners’ appearing before the said authority within three months alongwith copy of this order, the Authority would hear the petitioners afresh and then pass final orders in accordance with law which should be passed within 3 months from the date of production of a copy of this order before the appropriate authority. With these observations, the writ petition shall stand disposed of. V.K. Pandey (Navaniti Prasad Singh, J.)