Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 2027 of 2025 (M/S)
The Manager, Indira Rashtriya Chetna
….....Petitioner
Versus
Shyam Lal Kansal
….….Respondent
Present:- Mr. Anil Kumar Joshi, Advocate holding brief of Mr. Vikas Pande, Advocate for the petitioner.
JUDGMENT Hon’ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to the order dated 30.06.2025, passed in Case No.PGA-02/2016, Shyam Lal Kansal Vs. The Manager, Indira Rashtriya Chetna and Another, by the Controlling Authority, under the Payment of Gratuity Act, 1972 (“the Act”)/Deputy Labour Commissioner, Dehradun. By it, the petitioner has been
directed to deposit the amount of gratuity before the authority or else proceedings for recovery under Section 8 of the Act shall be initiated.
2.
Heard learned counsel for the parties and perused the record.
3.
Learned counsel for the petitioner submits that the order has been passed under Section 7(4) of the Act; the petitioner does not come within the purview of the Act and in case the petitioner prefers an appeal, he has to make pre-deposit.
4.
Section 7(7) of the Act makes provisions with regard to appeal against the order impugned. It is a statutory alternate remedy, which is definitely efficacious as well. Therefore, there is no reason to make any interference in the writ petition. Accordingly, the writ petition deserves to be dismissed at the stage of admission itself.
2
5.
The writ petition is dismissed in limine.
(Ravindra Maithani, J)
10.07.2025 Ravi Bisht