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G. NARENDAR, NYAPATHY VIJAY
District Cooperative Central Bank Ltd. – Appellant
Versus
Jandhyam Venkata Rao S/o Late Achutararamayaa – Respondent
JUDGMENT :
G. NARENDAR, J.
1. Heard Sri Srinivas Basava, Learned Counsel for the Appellant and Sri Syed Arif Basha, Learned Counsel, Sri G.V.S. Kishore Kumar, Learned G.P (S-I) and Sri S. Brahmananda Reddy, Learned Counsel appearing for the Respondents.
2. The appellant i.e. the District Cooperative Central Bank Ltd. is before this Court being aggrieved by the Order dated 10.05.2023 passed by the Learned Single Judge in W.P. No. 39157 of 2018. The Learned Single Judge by the order impugned has been pleased to appreciate the following prayer:
The court ruled that the computation of gratuity dues is under the jurisdiction of the Controlling Authority, making a Writ Petition not maintainable when an alternative remedy exists.
Writ petitions are not maintainable when an alternative statutory remedy exists under the Payment of Gratuity Act for resolving gratuity disputes.
The central legal principle established is that gratuity, as a retirement benefit, must be determined and paid to eligible employees in a timely manner as mandated by The Payment of Gratuity Act, 197....
The Payment of Gratuity Act provisions have an overriding effect, and the computation of gratuity should be made in terms of the Act.
The Payment of Gratuity Act allows claims for both statutory and contractual gratuity to be adjudicated under the same authority, ensuring employee rights are protected.
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