Nandkishor Shridhar Bhagwat v. The State Of Maharashtra Through Its Principal Secretary And Another

wp10974.22 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.10974 OF 2022 NANDKISHOR SHRIDHAR BHAGWAT

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER .....

Advocate for Petitioners : Mr. S.N. Menchirel AGP for Respondent No.1: Mr. S.G. Sangle .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 22nd NOVEMBER, 2022.

PER COURT :- 1.

The grievance of the petitioner is that, the respondent M.S.R.T.C. has not paid the entire amount of gratuity, which was due and payable to him. He concedes that he has not taken recourse to the provisions of the Payment of Gratuity Act, 1972. He has not issued any notice to the employer in Form I under Rule 7(1) of the Payment of Gratuity (Central) Rules, 1972. He concedes that there has been no qualification of the claim for gratuity. 2.

When called upon, as to why a portion of his gratuity amount has been withheld, the learned advocate for the petitioner submits that, it is the M.S.R.T.C. which has the best knowledge and he has no knowledge at all, as to why the amount is withheld. 3.

We find from the communication dated 16.1.2017, issued by

wp10974.22 -2the M.S.R.T.C. to the petitioner, indicating to him, that an amount of Rs.1,85,438/- is recoverable from him and hence, the remainder gratuity amount has been paid to him.

4.

This Court cannot exercise it's writ jurisdiction on disputed questions and more so, when the Payment of Gratuity Act, 1972 is a special Statute, under which the gratuity can be claimed. 5.

As such, this petition is disposed off with liberty to avail of a remedy as may be permissible in law.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/