Ambadas Annaji Wagh vs Zilla Parishad, Wardha Thr. Its ...
2022 Latest Caselaw 6927 Bom

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

                            WRIT PETITION NO. 3871 OF 2022
                        Ganesh Lakhe Vs. Zilla Parishad, Wardha & Others
                                             WITH
                        WRIT PETITIONS NOS. 4055/22 & 4061/2022
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Office Notes, Office Memoranda of Coram,                    Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                   Mr. N.R. Saboo, Advocate for Petitioners

                                                 CORAM : MANISH PITALE, J.

DATE : 19th JULY, 2022

In these petitions, the principal ground of challenge raised on behalf of the petitioners is that the appellate authority by the impugned orders could not have remanded the matters to the controlling authority, as under the Payment of Gratuity Act, 1972, no such power is available to the appellate authority.

2. Reliance is placed on the judgment of Madras High Court in the case Tiruchengode Agricultural Producers Co- operative Marketing Society Ltd. Vs. Appellate Authority under Payment of Gratuity Act reported in 2002(94) FLR 64. It is specifically contended that the appellate authority itself ought to have decided the appeal on merits.

MP Deshpande
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                             3.    Issue   notice   for    final   disposal,   returnable   on
                             19/09/2022.

4. In the meanwhile, in all these petitions, there shall be ad-interim stay of the impugned orders.

JUDGE

Digitally signed by:MILIND P DESHPANDE Signing Date:19.07.2022 19:37 MP Deshpande