Neutral Citation No. - 2025:AHC:38121 Court No. - 33 Case :- WRIT - C No. - 7688 of 2025 Petitioner :- Vice-Chancellor, Chandra Shekhar Azad University Of Agriculture & Technology, Kanpur Nagar Respondent :- Controlling Authority Under Payment Of Gratuity Act, 1972 / Assistant Labour Commissioner, Kanpur Region, Kanpur And Another Counsel for Petitioner :- Rakesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Rakesh Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The order dated 26.10.2024 passed by the respondent No.1/Controlling Authority/Assistant Labour Commissioner, Kanpur Region, Kanpur is under challenge.By the aforesaid order, a direction was given to the petitioner to make payment of Rs.2,66,538/- (Rupees Two Lacs Sixty Six Thousand Five Hundred Thirty Eight) along with interest from the date of filing of the case, i.e., 21.03.2023 at the rate of 10% per annum. 3. Sri Rakesh Kumar, learned counsel for the petitioner placed reliance upon a judgement and order dated 18.01.2024 passed by this Court in the case of Smt. Shiv Pyari Srivastav Retd.Head Master And 3 Others Vs. State Of U.P. Thru Secy. And 5 Others (WRIT - A No. - 37216 of 2014) (Neutral Citation No. - 2024:AHC:8545). Against the aforesaid judgement, a Special Appeal being SPECIAL APPEAL DEFECTIVE No. - 295 of 2024 (Smt Sarjeet Kumari Kushwaha and another Vs. State of UP and 5 others) had been filed which was dismissed by the Division Bench of this Court vide its judgement and order dated 16.04.2024. On the basis of the aforesaid judgements, it is argued by Sri Rakesh Kumar, learned counsel for the petitioner that the order impugned is bad in the eyes of law and the same is liable to be set aside. 4. On the other hand, it is argued by learned Standing Counsel that against the order impugned, under Sub Section 7 of Section 7 of Payment of Gratuity Act, 1972 a statutory alternative remedy is available to the petitioner to file appeal before the Appellate Authority. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it is clear that against the order impugned, a statutory alternative remedy is available to the petitioner to file appeal under Sub Section 7 of Section 7 of Payment of Gratuity Act, 1972, no releif could be granted to the petitioner. 7. The present petition is dismissed on the ground of availability of alternative remedy. 8. It is made clear that in case, the petitioner will file appeal as per procedure prescribed under Payment of Gratuity Act, 1972, the Appellate Authority shall decide the same expeditiously. Order Date :- 18.3.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad