The Manager vs Shyam Lal Kansal
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Uttarakhand High Court

The Manager vs Shyam Lal Kansal on 10 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 HIGH COURT OF UTTARAKHAND AT NAINITAL
                Writ Petition No. 2027 of 2025 (M/S)

 The Manager, Indira Rashtriya Chetna                  ........Petitioner

                                Versus

 Shyam Lal Kansal                                   ........Respondent

 Present:-
        Mr. Anil Kumar Joshi, Advocate holding brief of Mr. Vikas Pande,
        Advocate for the petitioner.


                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the order dated

30.06.2025, passed in Case No.PGA-02/2016, Shyam Lal Kansal Vs.

The Manager, Indira Rashtriya Chetna and Another, by the Controlling

Authority, under the Payment of Gratuity Act, 1972 ("the Act")/Deputy

Labour Commissioner, Dehradun. By it, the petitioner has been

directed to deposit the amount of gratuity before the authority or else

proceedings for recovery under Section 8 of the Act shall be initiated.

2. Heard learned counsel for the parties and perused the

record.

3. Learned counsel for the petitioner submits that the order

has been passed under Section 7(4) of the Act; the petitioner does not

come within the purview of the Act and in case the petitioner prefers

an appeal, he has to make pre-deposit.

4. Section 7(7) of the Act makes provisions with regard to

appeal against the order impugned. It is a statutory alternate remedy,

which is definitely efficacious as well. Therefore, there is no reason to

make any interference in the writ petition. Accordingly, the writ

petition deserves to be dismissed at the stage of admission itself.

5. The writ petition is dismissed in limine.

(Ravindra Maithani, J) 10.07.2025 Ravi Bisht