Arulmigu Koniamman v. Mr. R. Radhakrishnan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25/11/2015 C O R AM THE HONOURABLE Mr.JUSTICE T.SIVAGNANAM W.P.No.37530 of 2015 Arulmigu Koniamman Thirukoil rep. By its Executive Officer Big Bazaar Street Coimbatore 641 001.

...

Petitioner Vs

1. Mr.R.Radhakrishnan

2. The Assistant Commissioner of Labour Controlling Authority under Payment of Gratuity Act, 1972 Coimbatore.

3. The Commissioner Hindu Religious and Charitable Endowments Department Chennai 600 034.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records of the second respondent made in G.A.No.66/2014 dated 18/9/2015, quash the same. For petitioner ... Mr.R.Rajesh Vivekananthan For respondents ... Mr.P.Sanjay Gandhi AGP for R.3.

O R D E R

With the consent of the learned counsel appearing for the parties, this writ petition is taken up for final disposal.

2. Heard Mr.R.Rajesh Vivekananthan for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader for the third respondent.

3. This writ petition has been filed praying to quash the order passed by the second respondent in G.A.No.66/2014 dated 18/9/2015.

4. The petitioner, which is a religious Institution, has challenged the order passed by the second respondent, who is https://hcservices.ecourts.gov.in/hcservices/

the controlling Authority under the provisions of the Payment of Gratuity Act, 1972.

5. Admittedly, as against the impugned order, the petitioner has an alternate remedy of appeal before the Appellate Authority and without exhausting the same, the petitioner cannot straight away approach this Court, as the remedy available under the Act is efficacious and effective. Faced with this situation, the learned counsel appearing for the petitioner seeks permission to approach the Appellate Authority.

6. Accordingly, the writ petition is held to be not maintainable and is dismissed. Liberty is granted to the petitioner to file an appeal before the Appellate Authority. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar mvs.

To

1. The Assistant Commissioner of Labour Controlling Authority under Payment of Gratuity Act, 1972 Coimbatore.

2. The Commissioner Hindu Religious and Charitable Endowments Department Chennai 600 034.

+1 cc to R.Rajesh Vivekananthan, Advocate, sr.63947 +1 cc to Government Pleader, sr.64241 W.P.No.37530 of 2015 vs co kra 09.12.2015 https://hcservices.ecourts.gov.in/hcservices/