The General Manager (Hrd) vs Shri Kamlesh Kumar Chourasia
2022 Latest Caselaw 8649 MP

                                                                            1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    WP No. 12617 of 2022
                                              (THE GENERAL MANAGER (HRD) Vs SHRI KAMLESH KUMAR CHOURASIA AND OTHERS)

                                        Dated : 29-06-2022
                                              Shri Abhinav Sunil Kherdikar, learned counsel for the petitioner.

                                              Shri Tej Kumar Malik, learned counsel for the respondent No.1.

Heard.

Petition is admitted for final hearing on the ground that whether a terminated employee of a bank whose departmental appeal too has been dismissed and at whose instance, writ petition is still pending, can claim gratuity

without getting his termination set aside under the provisions of Payment of Gratuity Act, 1972.

The Second substantial question of law is that whether the appellate Court was justified in relying on the judgment of Supreme Court in case of Jaswant Singh Gill Vs. M/s Bharat Coking Coal Ltd. and others (2007) 1 SCC 663, when it has been specifically overruled by a three Judge Bench in case of Chairman-cum-Managing Director, Mahanadi Coalfields Limited Vs. Rabindranath Choubey (2020) 18 SCC 71.

Shri Malik takes an objection that bank is required to deposit the amount

of gratuity before the Controlling Authority or even before the appellate Authority under Sub-section (7) of Section 7 of the Payment of Gratuity Act.

Shri Kherdikar submits that Controlling Authority has refused to accept the draft. Let the same be deposited before the appellate Authority within three days from today. However, the appellate Authority is directed not to disburse Signature Not Verified SAN that amount in favour of the claimant-Shri Kamlesh Kumar Chaurasiya, without Digitally signed by ASHWANI PRAJAPATI Date: 2022.06.30 19:40:43 IST obtaining orders from this Court.

Let reply, if any, be filed by Shri Malik within two weeks. List this matter in the week commencing 01.08.2022.

(VIVEK AGARWAL) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.06.30 19:40:43 IST