Bombay High Court
The Cottage Industries Ginning ... vs The Appellate Authority And Addl ... on 4 May, 2017
Bench: Ravi K. Deshpande
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wp4675.09.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.4675 of 2009
The Cottage Industries Ginning
Factory, having its establishment at
Telhara, Dist. Akola, through its
Manager. ... Petitioner
Versus
1. The Appellate Authority and
Additional Commissioner of
Labour, Nagpur.
2. The Controlling Authority
under the Payment of Gratuity
Act and Asstt. Labour Commissioner,
Income Tax Square,
Gorakshan Road, Akola.
3. Smt. Gumfabai w/o Amruta
Poharkar,
Aged about Major,
Occ: ----, R/o Bhimanagar,
Telhara, Dist. Akola.
4. Asstt. Commissioner of Labour
and Recovery Officer, Payment
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of Gratuity Act,
Income Tax Square,
Gorakshan Road, Akola. ... Respondents
Shri S.B. Bissa, Assistant Government Pleader for Respondent
Nos.1, 2 and 4.
Coram : R.K. Deshpande, J.
th
Dated : 4 May, 2017
Oral Judgment :
1. On 23-11-2009, this Court passed an order as under :
" Heard Shri Wachasunder, learned counsel for the
petitioner.
Notice returnable on 15th December 2009.
The order passed by the Competent Authority is
ex-parte. The petitioner shall deposit an amount of
Rs.18,525/- with the Registry of this Court by 7th
December 2009. The amount is in dispute because
according to Shri Wachasunder, learned counsel, this
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amount is already deposited before the lower authorities.
If this Court is satisfied that the amount in RRC is
already deposited, the amount of Rs.18,525/- can be
returned back to the petitioner. Subject to such deposit,
stay of coercive recovery."
2. Thereafter on 11-2-2010, this Court passed an order as
under :
" Shri A.P. Wachasunder, learned counsel for
petitioner, learned A.G.P. for respondent nos.1, 2 and 4.
No body appears for respondent no.3-employee today
also. On 04.02.2010 there was no appearance.
Shri Wachasunder, learned counsel points out that
amount of Rs.18,525/- has been deposited together on
05.12.2009 and it takes care of claim in both the Writ
Petitions.
In the circumstances, Admit.
Interim order granted on 23.11.2009 to continue."
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3. The Controlling Authority under the Payment of Gratuity
Act, 1972 has directed the payment of gratuity of Rs.10,144/- to
the respondent No.3. A certificate of recovery dated 27-5-2009
has been issued. Though the petition challenges the order passed
on 24-12-2008 in appeal under sub-section (7) of Section 7 of the
said Act, the original order passed under Section 7 of the said
Act is not under challenge. The recovery certificate has also not
been challenged.
4. None appears for the petitioner. After going through the
challenges raised in the petition, I do not find any substantial
challenge to the order passed under Section 7 of the said Act or
to the recovery certificate. The challenge before the Appellate
Authority was to the order dated 25-9-2001 passed by the
Controlling Authority rejecting the application dated 23-11-2001
filed by the petitioner, probably for review of the order.
5. In view of above, I do not find any substance in this
petition. The same is dismissed on merits. The respondent No.3
shall be permitted to withdraw the amount, if it has not already
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withdrawn, along with interest, if any, accrued thereon.
6. Rule stands discharged. No order as to costs.
Judge.
Lanjewar
