HOTEL NYAY MANDIR Vs. SATISHSINH RATANSINH RAJPUT

JUDGEMENT

(1.) Heard Mr. Rajesh M. Chauhan, learned counsel for the petitioners.

(2.) Challenge in this petition, under Article 226 of the Constitution of India is the order dtd. 24/1/2022 passed by the Controlling Authority, Bharuch in Gratuity Application No.101 of 2021.

(3.) Confronted with the question of the petition being barred on the ground of an alternative remedy of an Appeal under the Gratuity Act , Mr. Chauhan, learned counsel for the petitioner would submit that the order of the Controlling Authority is in violation of principles of natural justice and also without jurisdiction. He would submit that the respondent admittedly was a partner of the Hotel as is evident from the partnership deed annexed to the petition (Exh.34). He would therefore submit that not only the order in violation of principles of natural justice, inasmuch as, the documents asked for were not produced by the respondents but the order is without jurisdiction too.