Prakash Bhagwan Saindane v. South Eastern Coalfield Limited

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET WPL No. 10 of 2017 Prakash Bhagwan Saindane S/o Late Bhagwan Bhoju Saidane, Aged About 62 Years R/o Qtr No. 1/c, 10 S E C L Colony, Bishrampur, District Surajpur (Chhattisgarh) ---- Petitioner

Versus

1. South Eastern Coalfield Limited Through Chairman- Cum- Managing Director, Seepat Road, Bilaspur, (Chhattisgarh)

2. Sub Area Manager, South Eastern Coalfield Limited, Kumda Sub Area, Post Kumda Colliery, District Surajpur, (Chhattisgarh)

3. Controlling Authority Under Payment Of Gratuity Act And Regional Labour Commissioner ( Central), Bilaspur, District Bilaspur (Chhattisgarh). ----Respondents.

10/01/2017 Shri Keshav Prasad Gupta, Advocate for the petitioner.

Shri KK Shrivastava, Advocate for the respondents. The present petition has been preferred assailing the order dated 22.07.2016 passed by the Controlling Authority under Payment of Gratuity Act, 1972, in case No.BSP36(60)/2015-RLC. Without entering into the merits of the case, in the opinion of this court this petition deserves to be dismissed on the ground that the petitioner has efficacious statutory alternative remedy of filing of appeal under Section 7(7) of the Payment of Gratuity Act, 1972.

Accordingly, the petition is dismissed as not maintainable. The petitioner is at liberty to avail the appropriate remedy of appeal.

On petitioner's furnishing authenticated photo copy, the certified copy of the impugned order be returned back to him.

Sd/- (P. Sam Koshy) Judge

Inder