HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.34989 of 2014 Date: 16-12-2014 Between Md.Moinuddin … Petitioner and M/s. Singareni Collieries Co. Ltd., Rep. by its General Manager, Ramagundam-II Area, Godavarikhani, Karimnagar Dist., Telangana-505 209;
and 2 others … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.34989 of 2014 Order:
Heard Sri T.Koteswara Rao, learned counsel appearing for the petitioner and Sri Nandigam Krishna Rao, learned Standing Counsel for respondent No.1-
M/s Singareni Collieries Company Limited (the Company, for short).
2. This writ petition is filed seeking to declare the proceedings of the 2nd respondent under the Payment of Gratuity Act in entertaining the appeal against the orders of the Controlling Authority under the Act i.e. respondent No.3 regarding the payment of gratuity to the petitioner payable on his superannuation is without authority, wholly illegal and continuation of proceedings in the said appeal is without jurisdiction and consequently quash the said appeal proceedings and direct the 3rd respondent to proceed with the recovery and distribution of gratuity payable to the petitioner.
3. The learned counsel appearing for the petitioner submits that the petitioner retired from service on 01-12-2012 on attaining superannuation but he was not paid Gratuity on his retirement under the provisions of Payment of Gratuity Act, 1972 (the Act, for short).
The petitioner approached the Controlling Authority and Assistant Labour Commissioner, Ramagundam (respondent No.3) claiming Gratuity from the respondents- Company. Whereupon the said Authority, after conducting due enquiry into the matter, ordered that the petitioner is entitled for Gratuity of an amount of Rs.11,27,224/-.
4. It seems that the 1st respondent filed appeal against the order which is now pending with the 2nd respondent. It is submitted on behalf of the petitioner that the appeal is time-barred and the 2nd respondent without there being any application for condonation of delay, erroneously admitted the appeal and has not been disposing of the same.
5. The contention of the petitioner is that as per Section 13 of the Payment of Gratuity Act, 1972, Gratuity payable under the Act shall not be liable for attachment in execution of any decree or order of any Civil/Revenue or criminal court and therefore, there is no substance in the appeal.
6. Under these circumstances, since the appeal is pending before the 2nd respondent, the writ petition is disposed of directing the 2nd respondent to dispose of the appeal within a period of 3 (three) weeks from the date of receipt of a copy of this order by advancing the hearing of the appeal to an early date and pass appropriate orders. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
16th December, 2014. Ak Note:-
Issue C.C. by tomorrow. (B/o) Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.34989 of 2014 16th December, 2014. (Ak)