State Bank Of India, v. The Appellate Authority Under

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.6440 of 2016 and W.M.P. No.5722 of 2016 State Bank of India represented by Deputy General Manager Mr. P. Sivakumar Zonal Office Tiruchirapalli Zone 7 Mc Donalds Road Tiruchirappalli - 620 001 Petitioner Vs.

The Appellate Authority under Payment of Gratuity Act, 1972 and Deputy Chief Labour Commissioner (Central), Chennai Ministry of Labour and Employment Government of India Shastri Bhavan, V Floor No.26, Haddows Road Nungambakkam Chennai 600 006 The Controlling Authority under Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central), Puducherry Ministry of Labour and Employment Government of India DA-2, BSNL Staff Quarters, Jaya Nagar Reddiarpalayam Puducherry 605 010 The State Level Scrutiny Committee represented by its Chairman and Secretary to Government Adi Dravidar and Tribal Welfare (CV-4) Department Secretariat, Fort St. George Chennai 600 009 P. Jayaprakasam Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the first respondent from disbursing the gratuity amount to the fourth respondent deposited pursuant to the order dated 16.01.2015 in Gratuity Application No.90 of 2014 passed by the second respondent, till the outcome of the decision of the third respondent regarding his Scheduled Tribe communal status.

For petitioner Mr. P.D. Audikesavalu

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) By this writ petition, the petitioner seeks a writ of mandamus forbearing the first respondent from disbursing the gratuity amount to the fourth respondent, deposited pursuant to the order dated 16 January 2015 in Gratuity Application No.90 of 2014 passed by the second respondent, till the outcome of the decision of the third respondent regarding his Scheduled Tribe communal status.

Indisputably, the appeal against the order passed by the Controlling Authority under the Payment of Gratuity Act, 1972, viz., the second respondent, is pending consideration before the appellate authority, i.e., the first respondent. Referring to certain observations made by the second respondent, the petitioner has come up with this writ petition. Once the issue is under consideration before the Appellate Authority, it is for the Appellate Authority to take a decision. Unless some decision is taken by the Appellate Authority, this writ petition is not maintainable. Resultantly, the writ petition fails and is accordingly dismissed. Costs made easy. Connected W.M.P. is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar cad

To The Authorised Officer LIC Housing Finance Limited "Harrington Chambers"

No.30/1A, Block A (First Floor) and Block C Abdul Razack I Street Saidapet, Chennai 600 015 LIC Housing Finance Limited Bombay Life Building II Floor, 45/47 Veer Nariman Road Fort, Mumbai 400 001

3. The State Level Scrubing Committee, Rep. by its Chairman and Secretary to Government Adi Dravidar and Tribal Welfare (CV-4)Department, Secretariat, Fort St.George chennai-9 +1 cc to M/s.P.D.Audikesavalu Advocate sr.11596 +1 cc to the Government Pleader sr.12079 W.P. No.6440 of 2016 aa07/03/2016