Little World Higher Secondary ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 1925 MP

                                                                            1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    WP No. 28831 of 2021
                                         (LITTLE WORLD HIGHER SECONDARY SCHOOL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                        Dated : 02-02-2023
                                               Shri Sanjay Ram Tamrakar - Advocate for the petitioner.

                                               Shri Manas Mani Verma - Government Advocate for respondents No. 1

& 2.

Shri Aditya Ahiwasi - Advocate for the respondent No.3.

Respondents have filed an application for stay.

Shri Aditya Ahiwasi, submits that petitioner is a private unaided school. Respondents are employees of unaided school. Payment of gratuity is governed by the provisions contained in Payment of Gratuity Act, 1972 (hereinafter referred to as Act of 1972).

T h is petition has been filed by the private unaided school, being aggrieved of the judgment passed by the Controlling Authority under the Act of 1972 and Assistant Labour Commissioner, Jabalpur Division Jabalpur.

Shri Aditya Ahiwasi, submits that as per provisions contained in Sub- section (7) of Section 7 of Act of 1972, there is a provision for appeal against

the orders of the Controlling Authority.

Without availing this statutory remedy, just to save the employer from depositing the statutory amount as provided under Sub-section (7) of Section 7, writ petition has been filed and erroneously same has been entertained without having regard to the statutory provision contained in Sub-section (7) of Section 7 of the Act of 1972.

Signature Not Verified SAN

Shri Tamrakar, submits that case is mentioned for out of turn hearing Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.03 11:45:43 IST

today itself. He submits that case is to be argued by a Senior counsel.

As per the norms and the tradition, there is no adjustment or adjournment for a Senior counsel. Cases are listed in the cause list. Petitioner should have brought an appropriate counsel to argue the matter, but looking to the fact that stay is operating since 07.03.2022 without taking into consideration the statutory provisions as enumerated above, by way of indulgence, it is directed that let this case be listed on 08.02.2023, along with W.P.No.28813/2021, at the top of the list, with a clear stipulation that no further adjournment will be admissible on any count.

(VIVEK AGARWAL) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.03 11:45:43 IST