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2022 Supreme(Cal) 424

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Auxilium Convent School. – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sandip Kumar Bhattacharya, Ms. Debanwita Pramanik for the appellant, for the Appellant

JUDGMENT

T.S. Sivagnanam, J. - This intra-Court appeal at the instance of the writ petitioner is directed against the order dated 2nd March, 2020 in W.P. 18298 (W) 2019. In the said writ petition, the appellant/ institution had challenged the order passed by the controlling authority under the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to as the 'said Act') dated 25th September, 2017 and also the certificate proceedings which were pending before the Learned District Magistrate and Collector, South 24 Parganas. The learned Single Bench had dismissed the writ petition primarily on two grounds, viz. that the order passed by the controlling authority dated 25th September, 2017 was appealed against before the appellate authority under the said Act in G.R.A. 8 of 2017 and the said appeal stood dismissed by order dated 10th May, 2018 on the ground that the appellant had not complied with the requirement of pre-deposit as provided under the Second proviso to Section 7(7) of the said Act. The second ground on which the learned Single Bench had dismissed the writ petition is on the ground that the appellant has not challenged the order passed by the appellate author

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