Writ petition not maintainable against appealable order under Payment of Gratuity Act; petitioner relegated to statutory appellate remedy.

JUDGMENT

This writ petition has been filed challenging Ext.P8 order of the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the ‘Act’), determining that the 1^st respondent herein was entitled to the payment of gratuity at the sum of Rs.80,769/- together with 10% interest from 01.02.2023. Ext.P8 order is an appealable order under Section 7(7) of the Act.

2. Despite service of notice, there is no appearance for the 1^st respondent.

3. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the 3^rd respondent, I am of the view that in the light of the provisions contained in sub-section (7) of Section 7 of the Act, the petitioner has to challenge Ext.P8 order by filing an appeal before the Appellate Authority. Since this writ petition was pending before this Court from 15.08.2024 till today, it is directed that if the petitioner files an appeal against Ext.P8, as contemplated by the provisions of sub-section (7) of of the Act, within a period of one month from today (08-04-2026), such appeal shall be treated as one filed in time and shall be heard and disposed of by the Appellate Authority in accordance with the law after affording an opportunity of hearing to the petitioner and to the 1^st respondent. I am inclined to relegate the petitioner to the appellate remedy available to him, as no grounds have been made out for entertaining the writ petition by bypassing the statutory appellate remedy.