B.R. Sahu v. Bhilai Steel Plant, Sail

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6799 of 2017 B.R. Sahu S/o Late Bartiya Sahu, Aged About 75 Years R/o H. No. 47, Street No. 1, Ward No. 23, Deepak Nagar Durg Chhattisgarh ---- Petitioner

Versus

1. Bhilai Steel Plant, Sail Through Managing Director, Office At Bhilai, District Durg Chhattisgarh

2. Chief Executive Officer, Bhilai Steel Plant, S A I L Office At Bhilai, District Durg Chhattisgarh

3. U C O Bank, Through The Branch Manager B. I. T. Branch, Durg District Durg Chhattisgarh ---- Respondents For Petitioner :

Mr. Goutam Khetrapal with Mr. Kapil Maini, Advocates For Respondents :

Mr. Ravindra Sharma, Advocate S.B.:Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/12/2017 Heard.

1.

By this petition, the petitioner has sought issuance of direction for payment of Gratuity.

2.

Without commenting upon the merits, this Court finds that the petitioner had approached the Controlling Authority for appropriate direction for payment of Gratuity under the provision of the Payment of Gratuity Act. The petitioner's application was, however, dismissed vide order dated 14.03.2017. Thereafter, the petitioner did not challenge the said order and has filed this petition without challenging the said order.

3.

Once the petitioner's claim for gratuity has been rejected by the statutory authority, the petitioner's remedy is to file an appeal against the said order before the Appellate Authority under the Gratuity Act. For that reason, I am not inclined to entertain this petition and the petition is accordingly dismissed however with liberty to challenge order dated 14.03.2017 passed by the Controlling Authority. Sd/- (Manindra Mohan Shrivastava) Judge Rekha