Bombay High Court
Manager, Pandharkawada Sahakari ... vs Shri. Vikas S/O. Rajaram Lale (Lr ... on 23 August, 2016
Bench: Ravi K. Deshpande
wp1104.16.J.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1104 OF 2016
1] Manager,
Pandharkawada Shakari Kharedi Vikri
Samiti Limited, Pandharkawada,
Tah. Kelapur, Dist. Yavatmal.
2] President,
Pandharkawada Shakari Kharedi Vikri
Samiti Limited, Pandharkawada,
Tah. Kelapur, Dist. Yavatmal.
ig ....... PETITIONERS
...V E R S U S...
1] Shri Vikas s/o Rajaram Lale,
(L.R. of deceased Ramesh s/o Rajaram Lale)
Aged 58 years, Occ: Nil,
R/o Ward No.9, Near Statue of Shivaji,
Pandharkawada, Tah. Kelapur,
Dist. Yavatmal.
2] The Controlling Authority,
Under the Payment of Gratuity Act,
1972 (Assistant Commissioner of Labour),
Opp. Post and Telegraph Office,
Court Road, Camp, Amravati. ....... RESPONDENTS
----------------------------------------------------------------------------------------------------
Shri S.G. Zinjarde, Advocate for Petitioners.
Shri C.V. Jagdale, Advocate for Respondent No.1.
----------------------------------------------------------------------------------------------------
CORAM: R.K. DESHPANDE, J.
rd AUGUST, 2016.
DATE: 23
ORAL JUDGMENT
1] Rule, made returnable forthwith. Heard finally by consent of
wp1104.16.J.odt 2/4
the learned counsels appearing for the parties.
2] The order dated 21.04.2014 passed by the Controlling
Authority under the Payment of Gratuity Act in P.G.A. Case No.09 of
2009 is the subject-matter of challenge in this petition. No doubt that the
appeal can also be preferred under Section 7(7) of the Payment of
Gratuity Act against this order and it was not preferred within a period
of limitation. However, issue raised in the petition is regarding
jurisdiction of the Controlling Authority to entertain and decide such
application, which goes to the root of the matter, and in such an event,
the existence of an alternate remedy would not create a bar.
3] The learned counsel appearing for the parties submit that
the question of maintainability of the application for payment of gratuity
at the instance of real brother of the deceased can be decided by the
Controlling Authority in accordance with law.
4] In view of above, the order dated 21.04.2014 passed in
P.G.A. Case No.09/2009, is hereby quash and set aside. The matter is
remitted back to the Controlling Authority to decide the question of
maintainability of the proceedings under the payment of Gratuity Act at
the instance of the real brother of the deceased. The parties to appear
before the Controlling Authority on 26.09.2016 and no fresh notices
wp1104.16.J.odt 3/4
shall be issued to the party. The parties are at liberty to file amendment
to the application or reply.
5] Rule is made absolute in above terms. No order as to costs.
JUDGE
NSN
wp1104.16.J.odt 4/4
C E R T I F I C A T E
"I certify that this Judgment uploaded is a true and
correct copy of original signed Judgment."
Uploaded by : Uploaded on : 26.08.2016.
N.S. Nikhare, P.A.
