Madras High CourtWP/6491/2016disposed of

The Commissioner v. Assistant Commissioner Of

2016-02-23Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.02.2016 Coram The Hon'ble Mr.Justice T.S.SIVAGNANAM Writ Petition No.6491 of 2016 & W.M.P.Nos.5772 and 5773 of 2016 The Commissioner Mettur Municipality Salem District

...Petitioner

Vs.

1.The Assistant Commissioner of Labour, Labour Court Salem District 2.Mr.S.Vanchi

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of certiorari to call for the records and to quash the impugned order passed by the 1st respondent in P.G.Case No.46/13 dated 12.08.2014. For Petitioner : Ms.P.Rajalakshmi For Respondents : Mr.R.Rajeswaran, Spl.G.P for R1

O R D E R

Petitioner-Municipality has filed this writ petition challenging the order passed by the 1st respondent exercising jurisdition under the provisions of Payment of Gratuity Act, 1972.(hereinafter referred to as the 'Act')

2. Admittedly, in terms of Section 7 the Act, the petitioner has an effective alternative remedy by way of appeal before the Appellate Authority under the Act and without exhausting the same, the petitioner cannot challenge the order passed by the 1st respondent, by way of writ petition. That apart, in terms of Second Proviso under Section 7(1) unless and until the petitioner deposits the entire amount before the 1st respondent, they cannot file an appeal before the Appellate Authority. Faced to this situation, learned counsel for petitioner submitted that liberty may granted to the petitioner Municipality to approach the Appellate Authority on depositing the entire amount before https://hcservices.ecourts.gov.in/hcservices/

the 1st respondent as computed in P.G.Case.No. 46 of 2013 dated 12.08.2014.

3. In the light of the above, while holding the writ petition is not maintainable at this stage, liberty is granted to the petitioner to approach the Appellate Authority, after depositing the entire amount before the 1st respondent. If the same is done, the Appellate Authority shall consider the Appeal petition and pass orders on merits and in accordance with the provisions of the Act.

4. Writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar To 1.The Assistant Commissioner of Labour Labour Court Salem District + 1 cc to Government Pleader Sr.11355 Writ Petition No.6491 of 2016 & W.M.P.Nos.5772 and 5773 of 2016 SVI(CO) Eu 08.03.16 https://hcservices.ecourts.gov.in/hcservices/