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S. VAIDYANATHAN, J. SATHYA NARAYANA PRASAD
Chintadripet Co-operative Society Limited – Appellant
Versus
Joint Commissioner of Labour for Gratuity – Respondent
JUDGMENT :
Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the order dated 25.02.2022 passed in W.P.No.3843/2022 and allow the Writ Appeal.
The present Writ Appeal has been preferred against the order dated 25.02.2022 passed in W.P.No.3843/2022 dismissing the writ petition on the ground that the employer has not complied with the pre-requisite of depositing the entire amount determined by the Controlling Authority under the Payment of Gratuity Act, 1972, before preferring an appeal before the Appellate Authority under the said Act.
2. The employer has filed a Writ Petition earlier, namely, W.P.No.27942/2014 by availing the appellate remedy and suffered an order of dismissal by this Court and the relevant paragraph is extracted here under:
4. The petitioner is given four weeks' time for filing statutory appeal by applying the principle governing Section 14 of the Limitati
The employer must deposit the entire amount of payment of gratuity determined by the Controlling Authority and prefer an appeal within a period of 60 days from the date of receipt of the order. The A....
Employers must comply with statutory deposit requirements before appealing against gratuity determinations; failure to deposit the determined amount renders the appeal inadmissible.
Failure to exhaust statutory remedy renders writ petition not maintainable.
The main legal point established in the judgment is that a petitioner must exhaust statutory remedies before seeking relief through a writ petition.
Forfeiture of gratuity is premature when dismissal is under appeal and criminal proceedings are pending, emphasizing the need for adherence to natural justice.
Point of Law : There is no illegality or jurisdictional error in impugned order passed by Appellate Authority and it has rightly affirmed the order passed by Authority. Counsel for petitioner has not....
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