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2023 Supreme(Pat) 887

P. B. BAJANTHRI
Chairman, Dakshin Bihar Gramin Bank (Erstwhile Madhya Bihar Gramin Bank) Head Office, Sri Vishnu Commercial Complex, Patna – Appellant
Versus
Union of India through the Ministry of Labour and Employment, New Delhi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ranjeet Kumar Pandey, Adv.
For the Respondents: Kanak Verma, Mr. Harendra Singh, Mr. Jai Prakash Singh, Adv.

JUDGMENT :

Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

    “(i) For issuance of writ/writs, order/orders or direction/directions in the nature of Certiorari for setting aside Decision and Order dated 05-06-2020 which has been signed on 09-06-2020 under the signature of Sri Rohit Mani Tiwari, Learned Assistant Labour Commissioner (Central), Patna and Controlling Authority under the payment of Gratuity Act, 1972 and communicated to the Bank vide notice dated 09/22-06-2020 whereby and whereunder Learned Controlling Authority directed the management of Dakshin Bihar Gramin Bank to pay gratuity and interest as per regulation of MBGB to the tune of Rs. 8,32,882/- within 30 days from the day of receipt of the order.

(ii) For any other relief/reliefs for which the petitioner may be found entitle in the eye of law and in the facts and circumstances of the case may also be granted in favour of the petitioner.”

3. In terms of sub-Section 7 of Section 7 of the Payment of Gratuity Act, 1972 the petitioner has a statutory remedy of filing appeal against the Controlling Authority. Without exhausting the statutory re

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