Court No. - 43
Case :- WRIT - A No. - 9055 of 2019 Petitioner :- Bhagwan Das Respondent :- State Of U.P. Through Principal Secretary Cane Department, Lucknow And 2 Others Counsel for Petitioner :- R. P. Singh Parihar,Neeta Shukla Counsel for Respondent :- C.S.C.,Ravindra Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Ravindra Singh, learned counsel for the respondent.
Grievance is that the petitioner has not been paid amount of gratuity which is due and payable to him. It appears that payment of gratuity to the employee concerned is to be disbursed in accordance with the provisions of the Payment of Gratuity Act, 1972.
Grievance with regard to non-payment of gratuity, therefore, can always be raised by the petitioner before the Controlling Authority, appointed under the provisions of the Payment of Gratuity Act, 1972. In case such a claim is raised by the petitioner before the authority concerned, the same shall be dealt with expeditiously.
Since the petitioner has a statutory alternative remedy of approaching the authority under the Payment of Gratuity Act, 1972, under Section 7(4), which has not been availed of by the petitioner, as such, this writ petition is not entertained at this stage.
The writ petition is, accordingly, dismissed on the ground of availability of statutory alternative remedy.
Order Date :- 29.5.2019 Ranjeet Sahu