C.W.P.No.1357 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.1357 of 2008 Date of Decision : 29.1.2008 Harish Kumar Makkar .....Petitioner versus The Deputy Labour Commissioner and others .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Mr.Anil Shukla, Advocate for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 21.5.2007, Annexure P-3, whereby the claim of the petitioner for payment of Gratuity under the Payment of Gratuity Act, 1972 (hereinafter referred to as the 'Act') was declined on the basis of the Notification dated 28.11.2006 whereby the establishment i.e. respondent No.3 was exempted from the operation of the Act with retrospective effect i.e. from the date of notification of the Act. The Notification dated 28.11.2006 reads as under:- “In exercise of the powers conferred under Section 5 of by sub-section (1) and (2) read with sub- section (3) of the Payment of Gratuity Act, 1972 (39 of 1972), the government of Haryana hereby exempts the erstwhile Haryana State Electricity C.W.P.No.1357 of 2008 2 Board and its successor entities, Haryana Vidyut Parsaran Nigam Limited, Haryana Power Generation Corporation Limited, Dakshin Haryana Bijli Vitran Nigam Limited and Uttar Haryana Bijli Nigam Limited and its employees from the operation of the provisions of this Act with retrospective effect i.e. from the date of notification of the said At. This exemption is applicable in respect of the employees whose service conditions are regulated by the Punjab Civil Services Rules, 1953 (as amended from time to time) in the matter of pensionary benefits, including gratuity.” Though the Controlling Authority under the Payment of Gratuity Act, 1972 has admitted the claim of the petitioner, but during the pendency of the appeal, by virtue of the aforesaid Notification, the provisions of the Act ceased to apply to the establishment with retrospective effect. In view of the said fact, we do not find any illegality or irregularity in the order passed by the Appellate Authority which may warrant interference of this Court in exercise of writ jurisdiction. The writ petition is dismissed. (HEMANT GUPTA) JUDGE (MOHINDER PAL) JUDGE 29-01-2008 *mohinder