M/S Patliputra Builders Ltd And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15986 of 2017 ====================================================== 1.

M/s Patliputra Builders Ltd, Son of Late Chhathu Choudhary, Resident of 601, Maharaja Kameshwar Complex, P.S.-Kotwali, District-Patna. 2.

Anil Kumar, Son of Late Chhathu Choudhary, Resident of 301, Maharaja Kameshwar Complex, P.s.-Kotwali, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Regional Labour Commissioner Central, Bihar, Patna. 3.

The Deputy Labour Commissioner-Cum-Controlling Authority Under the Payment of Gratuity Act. Patna Division, Patna 4.

Sri Hit Chand Jha, Workers, Representative at N.N.P. News Papers Publications Ltd, Workers Union, Quarter No.3/86 Weaker Section, Lohia Nagar, Kankarbagh, Patna-20.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Prasad Sinha, Advocate For the Respondent/s :

Smt. Anuradha Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners.

No one appears on behalf of the private respondent. Learned counsel for the petitioners fairly submits that before coming to this Court, the petitioners have not exhausted the alternative remedy of the appeal, which has been provided under Section 7 (vii) of the Payment of Gratuity Act. Accordingly, the petitioners should exhaust the remedy of the appeal in terms of the Payment of Gratuity Act. If the money is deposited, the Controlling Authority will not release the money till the disposal of the appeal. If any

Patna High Court CWJC No.15986 of 2017(4) dt.29-03-2019 2/2 limitation petition is filed, the court below will consider the pendency of this case before this Court.

With this observations and directions, this petition is disposed of.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U