Bharat Sanchar Nigam Limited And ANR. v. The Ld Controlling Authority Kolkata And Assistant Labour Commissioner Central Ii And ORS.
21.01.2026 Ct. No. 30 S.L. No. 6 SM WPA 29192 of 2025 Bharat Sanchar Nigam Limited & Anr.
Versus
The Ld. Controlling Authority, Kolkata & Assistant Labour Commissioner (Central) - II & Ors.
Mr. Anil Kumar Gupta ......for the petitioner 1.
Affidavit-of-service filed by the petitioner is taken on record.
2.
The writ application has been preferred challenging the order dated 17th September, 2025 passed by the Ld. Assistant Labour Commissioner (Central) & the Ld. Controlling Authority under Section 4(1) of the Payment of Gratuity Act, 1972. 3.
It appears that the grounds on which the writ application has been preferred is a ground for appeal from the order of the Controlling Authority. The petitioner without preferring an appeal has approached the High Court on the grounds which are appealable under Section 7(7) of the Payment of Gratuity Act, 1972.
4.
Accordingly in view of the said fact the writ application is disposed of with liberty granted to the petitioner to prefer an appeal as per the provision of the Act against the impugned order challenged in the present case within 30 days from the date of this order.
5.
The period of limitation is extended accordingly in the interest of justice and the impugned order under challenge being the order dated 17th September, 2025 be stayed for a period of 30 days subject to further orders by the appellate authority. 6.
It is made clear that this Court has not gone into the merits of the case and in case no appeal is preferred as per leave granted the order of stay shall stand vacated automatically after expiry of 30 days. 7.
Writ application stands disposed of.
8.
Applications, if any, connected thereto stand disposed of consequently.
9.
Interim order, if any, stands vacated.
10.
Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
[Shampa Dutt (Paul). J]