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CALCUTTA HIGH COURT
SHAMPA DUTT (PAUL)
Murlidhar Ratanlal Exports Limited – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Shampa Dutt (Paul), J.
1. The writ petitioner herein has raised the issue of territorial jurisdiction of the respondent nos. 2 and 3, in considering the case of the respondent no. 4 herein and has also challenged the findings arrived by both the authorities on the issue of territorial jurisdiction, vide their respective orders dated 02.05.2024 and 24.11.2025 in Gratuity Case no. 47/G/2023 in WPA 2944 of 2026 and orders dated 23.06.2023 and 30.01.2024 in WPA 3562 of 2026 and orders dated 06.09.2024 and 24.04.2023 in WPA 25131 of 2024.
2. The Controlling Authority decided the sole issue of territorial jurisdiction and held that the said authority had the territorial jurisdiction in the said matter.
3. In appeal the Appellate Authority affirmed the findings of the controlling authority.
4. The Appellate Authority without going into the findings in the order under challenge, mechanically accepted the order of the Controlling Authority deciding its territorial jurisdiction.
5. The petitioner has relied upon the judgment in Bhanu Prakash vs. Assistant Labour Commissioner & Ors. in WP No. 9532 (W) of 2010, decided on 2nd May, 2012, page 7 and
8, wherein the Court held:-
“…………Neither th
The appropriate authority under the Payment of Gratuity Act, 1972 for establishments with branches in multiple states is the Central Government, rendering state authority's jurisdiction invalid.
The Court emphasized the importance of issuing a proper show cause notice before forfeiting gratuity and upheld the principle of 'forum convenience' in determining territorial jurisdiction.
Labour/Industrial Courts in Maharashtra have jurisdiction to hear complaints of unfair labour practice if relevant decisions are made within Maharashtra, despite employee postings outside the State.
The Controlling Authority under the Payment of Gratuity Act is deemed a Tribunal, and appeals against its orders must follow statutory provisions, limiting the scope for intra-court appeals.
The Controlling Authority under the Payment of Gratuity Act has jurisdiction to decide disputes based on private settlements under the Industrial Disputes Act, which was clarified against contradicto....
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