Vinayak Dattaji Vinchure v. The State Of Mahrashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9494 OF 2011 (Vinayak Dattaji Vinchure Vs. The State of Maharashtra and others) ---- Mr. S.R. Choukidar, Advocate for the Petitioner Mr. A.A. Jagatkar, A.G.P. for the respondent/State Mr. V.D. Salunke, Advocate for respondent Nos. 4 and 5 ---- CORAM :

S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 16th MARCH, 2017 PER COURT :

Heard.

2.

The learned counsel for the petitioner submits that after filing of the present petition, the petitioner is paid an amount of Rs. 2,39,986/- on 6th April, 2012.

3.

Mr. Salunke, the learned counsel for respondent Nos. 4 and 5 submits that whatever amount of gratuity was due and payable to the petitioner has been paid. 4.

It appears that there is dispute with regard to the quantum of gratuity amount due and payable to the petitioner. The Authority under the Payment of Gratuity

wp9494-2011 Act would be the competent person to calculate the amount of gratuity payable.

5.

In the light of above, we dispose of the Writ Petition with liberty to the petitioner to avail of the remedy before the Authority under the Payment of Gratuity Act. All the contentions of respective parties are kept open. No costs.

[SANGITRAO S. PATIL] [S.V. GANGAPURWALA] JUDGE JUDGE npj/wp9494-2011