Gunnu Gop v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1727 of 2018 Gunnu Gop, S/o. Late Maduli Gop, Aged About 64 Years R/o Talbapara, Baikunthpur, Near Petrol Pump Baikunthpur, District Korea, Chhattisgarh.

---- Petitioner

Versus

1. South Eastern Coalfields Limited Through Its Chairman And Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh.

2. Sub Area Manager, S. E. C. L. Kusmunda, Churcha Mines (RO), Baikunthpur Area, Churcha Colliery, District Korea, Chhattisgarh. ----Respondents For Petitioner :

Mr. Yogesh Chandra, Advocate For Respondents :

Mr. Vivek Chopda, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 28/03/2018

1. The present writ petition has been filed seeking interest on the payment of gratuity, which the petitioner has received after his retirement.

2. Perusal of the record appears that the petitioner had already preferred a claim application before the Controlling Authority and who has dealt with the aspect and has only awarded the principal amount. So far as granting of interest is concerned, the Controlling Authority under the Payment of Gratuity Act has refused to grant interest giving reasons. The said order of the Controlling Authority is an appealable order under Section 7(7) of the Payment of Gratuity Act.

3. In view of the fact that there is an alternative statutory remedy available to the petitioner, the present writ petition in its present form is not maintainable.

4. Accordingly the present writ petition stands dismissed reserving the liberty of the petitioner to approach the appropriate authority under the law.

Sd/- (P. Sam Koshy) Judge Ved