Titagarh Industries Ltd. v. Controlling Authority

30-32. 24.02.2022 Ct. No.06 Tanmoy CO/679/2002 IA NO: CAN/1/2019(Old No:CAN/2964/2019) With CO/350/2002 IA NO: CAN/1/2019(Old No:CAN/2966/2019) With CO/680/2002 IA NO: CAN/1/2019(Old No:CAN/2965/2019) Titagarh Industries Limited -VersusThe Controlling Authority under the Payment of Gratuity Act, 1972 (Through Video Conference) Mr. Sayantan Bose, Adv.

...for the petitioner.

These three revisional applications were filed by the petitioner, Titagarh Industries Limited, challenging the power and jurisdiction of the Controlling Authority under the Payment of Gratuity Act, 1972 to adjudicate certain claims raised by the former employees, in view of the fact that a scheme framed by Board for Industrial and Financial Reconstruction (BIFR) was under implementation.

Initially, there was a stay of the proceedings before the Controlling Authority. However, such stay order was not extended subsequently. Learned Advocate for the petitioner says that the Controlling Authority has passed the final orders. Such orders are under challenge in writ petitions pending in this Court before a co-ordinate Bench.

In view of the fact that the Controlling Authority has passed final orders, the present revisional applications have become infructuous. However, the point of non-maintainability of the proceedings before the Controlling Authority on the ground of it not having jurisdiction to entertain the relevant claims, is left open for the revisional petitioners to urge in any appropriate proceeding.

The revisional applications being C.O. 679 of 2002, C.O. 350 of 2002, C.O. 680 of 2002 and all respective connected applications are accordingly disposed of.

Let urgent photostat certified copies of this order, if applied for, be supplied to learned Advocates for the parties, upon compliance with all usual formalities. (Arijit Banerjee, J.)