Kishore Shankarrao Khadatkar vs The Chairman And Managing ...
2021 Latest Caselaw 2526 Bom

Judgment

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                   NAGPUR BENCH, NAGPUR

                     WRIT PETITION NO.4627 OF 2016

Kishore Shankarrao Khadatkar,
Aged about 56 years, occupation retired,
R/o 103 Konark Apartment,
Khare town, Dharampeth, Nagpur - 440 010.             ..... Petitioner.

                                :: V E R S U S ::

1. The Chairman & Managing Director,
Bank of Maharashtra, Central Office, Lokmangal,
1501, Shivaji Nagar, Pune 411 005.

2. The General Manager, HRM,
Bank of Maharashtra, Central Office, Lokmangal,
1501, Shivaji Nagar, Pune 411 005.

3. The Dy.Gen.Manager,
Financial Management & Accounts, Bank of
Maharashtra, Central Office, Lokmangal, 1501, Shivaji
Nagar, Pune 411 005.

4. The Controlling Authority & the Asstt.Labour
Commissioner (Central) Nagpur.

5. The Appellate Authority under PGA 1972 &
Dy.Chief Labour Commissioner (Central) Nagpur. ..... Respondents.
===================================
Shri B.B.Meshram, Counsel for the petitioner.
Shri Shantanu Ghate, Counsel for respondent Nos.1 to 3.
Ms Anjali Joshi, Counsel for respondent Nos.4 & 5.
===================================

                                                                         .....2/-




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                CORAM           : V.M.DESHPANDE, J.
                DATE            : FEBRUARY 08, 2021

ORAL JUDGMENT

1.             Heard learned counsel Shri B.B.Meshram for the

petitioner, learned counsel Shri Shantanu Ghate for respondent

Nos.1 to 3, and learned counsel Ms Anjali Joshi for respondent

Nos.4 and 5. Rule. Rule is made returnable forthwith. Heard

finally by consent of learned counsel for parties.


2.             The petitioner was granted gratuity amount of

Rs.10.00 lacs with 10% interest from 22.9.2011 by Controlling

Authority on 7.12.2015.           Respondent Nos.1 to 3 preferred an

appeal      before        Appellate    Authority   vide       PG       Appeal

No.N-48(5)/2016-PGA. The Appellate Authority vide order dated

11.4.2016 set aside the order passed by the Controlling Authority

on a ground that it was not having jurisdiction. Thus, claim of

gratuity in favour of the petitioner was upset. Feeling aggrieved

thereby, the petitioner is before this Court.


                                                                        .....3/-




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3.              It is an admitted position that the petitioner is senior

citizen. After order dated 7.12.2015 was passed, respondent Nos.1

to 3 preferred an appeal. According to learned counsel for the

petitioner, ground for allowing the appeal filed by respondent

Nos.1 to 3 is that the Controlling Authority was not having

jurisdiction. However, he submits that no such plea was taken in

memo of appeal nor it was argued at the time of oral submission.


4.              Learned counsel for respondent Nos.1 to 3, fairly

submitted that question of jurisdiction was not raised in memo of

appeal nor it was argued at the time of oral submissions.


5.              In view of the aforesaid, in my view, the Appellate

Authority committed a serious mistake in allowing the appeal filed

by respondent Nos.1 to 3 on the ground of jurisdiction inasmuch as

opportunity was not given to the petitioner to meet question of

jurisdiction.


6.              In this view of the mater, I pass following order:



                                                                        .....4/-




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                                ORDER

(1) The order dated 11.4.2016 passed by the Appellate Authority

under the Payment of Gratuity Act and Dy.Chief Labour

Commissioner, Nagpur in PG Appeal No.N-48(5)/2016-PGA is

hereby quashed and set aside.

(2) The parties to this writ petition shall appear before the

Appellate Authority on 8.3.2021.

(3) It shall open for respondent No.1 to 3 to file an application for

amendment for raising point of jurisdiction and if such application

is moved, the petitioner will be entitled to file a reply to the

application for raising point of jurisdiction filed by respondent

Nos.1 to 3.

(4) Since the petitioner is a senior citizen, the Appellate Authority

shall decide the appeal as early as possible and preferably within a

period of six months from 8.3.2021 after giving opportunity of

hearing to the petitioner as well as to respondent Nos.1 to 3.

.....5/-

Judgment

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(5) Needless to mention that R&P immediately be remitted

back to the Appellate Authority.

The writ petition is disposed of accordingly.

JUDGE

!! BRW !!

...../-