R P Dubey vs Uoi And Ors.
2011 Latest Caselaw 1534 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+               WRIT PETITION (CIVIL) NO. 7870/2010

                                      Date of Decision:16th March, 2011

        R P DUBEY                           ..... Petitioner
                           Through Mr. A.K.Jain, Advocate

                     versus

        UOI AND ORS                     ..... Respondents
                           Through Mr. Neeraj Chaudhary, Advocate
                           with Mr. Mohit Auluck, Advocate.

        CORAM:
        HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA


1.      Whether Reporters of local papers may be allowed to see the
        judgment?
2.      To be referred to the Reporter or not?
3.      Whether the judgment should be reported in the Digest?


SUDERSHAN KUMAR MISRA, J.(Oral)

1.              This matter is similar to Writ Petition (C) No.7146/2010,

titled P.S. Gupta v. Union of India & Ors., decided by a separate

order passed today, and consequently, for the reasons stated

therein, and since an adequate alternative remedy is available to

the petitioner under the Payment of Gratuity Act, 1972, this Court is

not inclined to exercise its extra ordinary jurisdiction under Article

226 of the Constitution, leaving it open to the petitioner to approach

the appropriate authority, as per law.


2.              It is made clear that no opinion is being expressed on
WP(C) No.7870/2010                                             Page 1 of 2
 the merits of the case of either side, and further, an opportunity is

granted to the petitioner to pursue his claim, if any, before the

appropriate authority under the Act.         Provided any such claim is

moved within four weeks from today, the time spent by the

petitioner before this Court shall be excluded for the purposes of

limitation.


3.              The petition is dismissed in the above terms.


4.              Dasti to counsel for the parties.



                                       SUDERSHAN KUMAR MISRA, J.

MARCH 16, 2011 sl/dr