COCP No. 1665 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 1665 of 2010 Date of decision:- 17.11.2010 Rajinder Lal ......petitioner vs. Prakash Saran and ors ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Ashok Sharma Nabhewala, Advocate for the petitioner Mr. Anand Chhibar, Advocate for respondent No. 2. HEMANT GUPTA, J (ORAL) The writ petition filed by the petitioner was allowed on 26.3.2010 wherein the petitioner has claimed the release of gratuity. This Court has ordered that the claim of gratuity should be considered by the respondents and the amount be released after deducting what is legally deductible. In pursuance of the said direction, respondents have found that a sum of Rs. 1,45,126/- is outstanding against the petitioner towards licence fee, electricity and water charges as per Annexure R-4. Learned counsel for the petitioner points out that a sum of Rs. 2,94,144/- is the amount of gratuity but the same has been withheld for almost 3 years. After hearing learned counsel for the parties, I am of the opinion that respondents are liable to release the balance amount of gratuity after deducting a sum of Rs. 1,45,126/- subject to the rights of the petitioner COCP No. 1665 of 2010 -2- to dispute the amount of Rs. 1,45,126/- as legally not deducted and payable in appropriate proceedings in accordance with law. The balance payment shall be released to the petitioner within a period of two weeks from today. Mr. Chibbar shall hand over the cheque for the requisite amount to learned counsel for the petitioner in Court only. In view of the said direction, petition stands disposed of. (HEMANT GUPTA) JUDGE 17.11.2010 preeti