1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 163 of 2017 1 - Shala Prabandhan Samiti Through Secretary, Manikpur Colliery, S. E. C. L., Korba, District Korba Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1 - Shri Kuleshwar Prasad S/o Shri Ayodhya Singh, Aged About 60 Years Higher Secondary School, Manikpur Colliery, Qtr. No. T/02/37, Gram Manikpur, Tahsil And District Korba Chhattisgarh., Chhattisgarh 2 - Controlling Authority Under Payment Of Gratuity Act And Assistant Labour Commissioner, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Appellate Authority Under Payment Of Gratuity Act And Deputy Labour Commissioner, Office Of The Labour Commissioner, Indravati Bhawan, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sudeep Johri and Mr. J. K. Gupta, Advocate For Respondent(s) : Mr. Abhishek Singh, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 17/10/2025 This writ petition has been filed by the petitioner claiming following 2 reliefs : i-That the Hon'ble court may be kind enough to call the record of the petitioner. ii-That the Hon'ble court may be kind enough to issue a writ of certiorari or any appropriate or similar writ /order/direction and to quash the impugned orders Annexure P-1 & P-2. iii-That the Hon'ble court may be kind enough to pass any writ/order or direction as deemed fit in the circumstance of the case. 2. Learned counsel for the petitioner submits that the respondents was an Ex. Teacher of the school run by the petitioner society. He submits that the respondent made an application under the relevant provision of Payment of Gratuity Act, 1972 before the controlling authority under payment of gratuity Act, Korba and the application was registered as Case No. 19/P.G.A/Korba/2015 and the controlling authority vide its order dated 20.04.2016 allowed the said application and the petitioner was directed to pay the gratuity of Rs. 201969/- within a period of 30 days failing which interest was also liable to be paid by the petitioner. Against which, the petitioner herein preferred an appeal before the appellate authority under the Payment of Gratuity Act, 1972 and Dy. Labour Commissioner Office of Commissioner Chhattisgarh Indrawati Bhawan Naya Raipur, CG the said appeal was registered as Appeal Case No. 36/P.G.A./2016. The appeal filed by the petitioner was also dismissed by the appellate authority vide its order dated 16.05.2017. 3. Learned counsel for the petitioner further submits that the petitioner has already complied the order of the controlling authority and the appellate authority and the gratuity amount has been paid to the petitioner. However, he submits that as the institution of the petitioner is receiving from the State Government, the liability to pay gratuity is upon the State. 3 4. Mr. Abhishek Singh submits that according to his instruction received the amount of gratuity has been received by him. 5. Be that as it may, since the gratuity amount has already been paid by the petitioner and the relief which the petitioner is claiming against the State which was not as a party in the proceedings carried out before the controlling authority or appellate authority and even in this writ petition State has not been arrayed as a party, therefore, this Court is not inclined to disturbed the concurrent findings recorded by both the authorities below, therefore, this writ petition fails and is hereby dismissed. Sd/- (Sachin Singh Rajput) JUDGE Pawan