2025:JHHC:10951 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No.208 of 2025 With W.P.(L) No.505 of 2025 ----- 1. Kabir Welfare Trust, through its Chairman, Dr. Md. Salim, S/o Late Abdul Hakim, having its office at Kabir Urdu School Campus, Zakir Nagar, Mango, Jamshedpur. District East Singhbhum. 2. Secretary, Mohammad Ziaul Mobin Ansari, S/o Late Abdul Gafur Ansari, having its office at Kabir Welfare Trust, Kabir Urdu School Campus, Zakir Nagar, Mango, Jamshedpur. District East Singhbhum .......... Petitioners. [In Both cases] -Versus- 1. The State of Jharkhand 2. Sitaram Pandit, S/o Kamleshwar Pandit, resident of Flat No.E- 051, Ashiana Brahmanand, Village Tamuliya, P.S. Mango, Jamshedpur, District East Singhbhum. 3. The Deputy Labour Commissioner-cum-Controlling Officer, Payment of Gratuity Act, having its office at Sitaram Dera, P.S. Sitaram Dera, Jamshedpur, District East Singhbhum. .......... Respondents. [In W.P.(L) No.208 of 2025] 1. The State of Jharkhand 2. Mohammad Jamil Quaisar, S/o Late Taib Hussain, House/Holding No.210/N, Islam Nagar, Kapali, Mango, P.S. Mango, Jamshedpur, District East Singhbhum. 3. The Deputy Labour Commissioner-cum-Controlling Officer, Payment of Gratuity Act, having its office at Sitaram Dera, P.S. Sitaram Dera, Jamshedpur, District East Singhbhum. .......... Respondents. [In W.P.(L) No.505 of 2025] ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Manoj Tandon, Advocate Mr. Siddharth Ranjan, Advocate For the State : Mr. Sushant Kumar, AC to SC-II Mr. Ankit Kumar, AC to SC-I ----- Order No.10 Date: 09.04.2025 1. W.P.(L) No.208 of 2025 has been filed for quashing the order as contained in memo no.2323 dated 13th July, 2024 (Annexure-3 to the writ petition) passed by the respondent no.3, whereby the 2025:JHHC:10951 2 petitioners have been directed to pay a sum of Rs.2,74,875/- with interest @ 10% per annum to the respondent no.2. 2. W.P.(L) No.505 of 2025 has been filed for quashing the order as contained in memo no.2322 dated 13th July, 2024 (Annexure-3 to the writ petition) passed by the respondent no.3, whereby the petitioners have been directed to pay a sum of Rs.11,52,815/- with interest @ 10% per annum to the respondent no.2. 3. Reference may be made to the order dated 25th February, 2025 passed in W.P.(L) No.208 of 2025, which reads as under:- “Mr. Sushant Kumar, learned A.C. to S.C.-II, appearing on behalf of the respondents shall seek instruction as to whether the appellate authority under the provisions of Section 7(7) of the Payment of Gratuity Act, 1972 has been notified by the appropriate Government. If so, the designation of the appellate authority will be informed to this Court. Put up this case under the same heading on 3rd March, 2025.” 4. Pursuant to the aforesaid order, a counter affidavit has been filed on behalf of the respondent no.3 on 7th April, 2025 in W.P.(L) No.208 of 2025, relevant paragraphs of which read as under:- “4. That it is humbly stated and submitted that vide notification as contained in memo no.2944 dated 27th November, 2002 issued by the Department of Labour, Employment and Training, Government of Jharkhand, Ranchi the Governor Hon'ble of Jharkhand, has appointed the Labour Commissioner, Jharkhand at the appellate authority under Section 7(7) of the Payment of Gratuity Act, 1972. 5. That it is stated and submitted that the Labour Commissioner, Jharkhand is the appellate authority u/s 7(7) of the Payment of Gratuity Act, 1972. 6. That it is further stated and submitted that Labour Commissioner, Jharkhand is hearing and deciding the appellate matters u/s 7(7) of the Payment of Gratuity Act, 1972 against the orders passed by the controlling authority of the Payment of Gratuity Act, 1972. 7. That it is stated and submitted that appeals against the order of Controlling authority lies before the Labour Commissioner-cum-Appellate Authority under Payment of Gratuity Act, 1972.” 2025:JHHC:10951 3 5. Having heard learned counsel for the parties and considering that the petitioners have the statutory remedy of preferring appeal under Section 7(7) of the Payment of Gratuity Act, 1972 before the Labour Commissioner, Jharkhand against the impugned orders dated 13th July, 2024, this Court is not inclined to entertain these writ petitions at this stage. The petitioners are, however, at liberty to take aforesaid statutory recourse. 6. If the petitioners prefer appeals before the Labour Commissioner, Jharkhand by 25th April, 2025 along with an application seeking condonation of delay, the appellate authority shall liberally consider the said application and shall proceed to hear the said appeals on merit. 7. These writ petitions are disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Sanjay/