-1- 2025:CGHC:20420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 150 of 2018 1 - Sindh Sewa Mandal A Society, Registered Under The Societies Act, Through Its President Ramsagar Para, Raipur, Chhattisgrh., District : Raipur, Chhattisgarh 2 - R. K. Sindhi Higher Secondary School, Through Its Principal Ramsagar Para, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Deparment, Mantralaya Mahanadi Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Controlling Authority, Payment Of Gratuity And Assistant Labour Commissioner, Kutchery Chowk, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Ku. Usha Sahni D/o D/o Shri H. L. Sahni Retired Teacher, R/o Lodhipara, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Ashish Mittal & Mr. Mehal Jethani, Advocates For State : Mr. Dashrath Prajpati, Panel Lawyer For Respondent No.3 : Mr. Priyank Rathi, Advocate -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.05.2025 1) The petitioners have filed this petition seeking the following relief(s):- “10.1 That, the Hon'ble Court be pleased to send for entire records of the case no. 15/P.G.A./2016 decided by the respondent no. 2, to examine its liability and propriety. 10.2 That, the Hon'ble Court be pleased to issue a writ in the nature of certiorarl and quash the impugned order (Annexure P/1).- 10.3 That, the Hon'ble Court be pleased to issue a writ/direction, which is deemed to be necessary and proper in the circumstances of the case.” 2) As per the provisions of Section 7(7) of the Payment of Gratuity Act, 1972, the order passed by the Controlling Authority is appealable. However, instead of availing the statutory remedy of appeal, the petitioner has directly preferred the present writ petition challenging the order dated 20.02.2018 passed by the Controlling Authority. 3) Since the order impugned is appealable, and the petitioner has not deposited the mandatory amount required for filing the appeal, it appears that the petitioner has preferred this writ petition to bypass such statutory requirement. Therefore, the present petition is not maintainable. Accordingly, this writ petition is liable to be and is hereby dismissed. 4) However, the petitioner would be at liberty to prefer a duly constituted appeal before the Appellate Authority in accordance with the provisions of Section 7(7) of the Act, 1972 after depositing the mandatory amount. 5) If such an appeal is preferred before the Appellate Authority along with the deposit of the mandatory amount, it is expected that the Appellate Authority shall -3- decide the appeal expeditiously in accordance with law and on its own merits. 6) The petitioner shall be at liberty to raise all grounds available to him before the Appellate Authority. 7) Certified copy, if any, be returned to the petitioner after retaining its xerox copy. Sd/- (Rakesh Mohan Pandey) Judge Nadim