Maharashtra Gramin Bank Through Its Chairman v. Secretary L And E Ministry Of Lbour And Employment And Others

966 WP 7207 23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 WRIT PETITION NO.7207 OF 2023 MAHARASHTRA GRAMIN BANK THROUGH ITS CHAIRMAN

VERSUS

SECRETARY L AND E MINISTRY OF LBOUR AND EMPLOYMENT AND OTHERS ...

Advocate for Petitioner : Mr. P. L. Shahane h/f Mr. Shahane Parag P.

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 30.06.2023 PER COURT :

Heard.

2.

The learned advocate for the petitioner submits that apart from the present appeal preferred by the petitioner against the respondent No. 2, it has preferred several other appeals under the provisions of Section 7(7) of the Payment of Gratuity Act, 1972. Due to the statutory condition, it will have to deposit Rs. 1,19,77,014/- as a condition precedent for entertaining the appeal.

3.

A reference is made on behalf of the petitioner by referring to the decision of the Supreme Court in the matter of Prathama U.P. Gramin Bank Vs. Neeraj Kumar Mathur and Ors. in Petition(s) for Special Leave to Appeal (C) No. (s). 3822/2020 and Rajasthan Marudhara Gramin Bank Vs. Labh Shankar Bhati wherein the Supreme Court has granted some concession in the form of direction to accept the bank guarantee in lieu of deposit of money. In our respectful view such a course and power is not available for this Court more so when it is a statutory provision which requires petitionerbank to make deposit of money as a condition precedent for entertaining the appeal.

1/2

966 WP 7207 23.odt 4.

We dispose of the writ petition by directing the respondent No. 2 to pass appropriate order on the petitioner's application (page 31) dated 18.04.2023 on its own merits.

5.

Observations of this Court are confined to the decision of this matter and the appellate authority shall not feel influenced by it. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2