GUNNU GOP Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Writ appeal has been filed against order of learned Single Judge dated 28.03.2018 in WP(S) No.1727 of 2018. The prayer made in the writ application was for a direction upon the Respondent authorities of South Eastern Coalfields Limited (SECL) to pay interest on delayed payment of gratuity.

(2.) The learned Single Judge, while going through the order of the Controlling Authority under the Payment of Gratuity Act, a copy of which was annexed as Annexure-P/2 to the writ application, held that since there is a provision for appeal under Section 7(7) of the Payment of Gratuity Act against the order of the Controlling Authority, therefore he is not willing to exercise his discretion under Article 226 of the Constitution of India.

(3.) Counsel for the Appellant has drawn the attention of this Court to an order dated 29.11.2016 which has been passed by the same learned Single Judge in WP(L) No.224 of 2016, whereas similar objection of alternative remedy was not entertained and the matter came to be decided on merits with regard to payment of gratuity and interest thereon.