MAHAKOUSHAL KSHETRIYA GRAMIN BANK Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) In this petition, petitioner has assailed an order passed by the Controlling Authority and Appellate Authority. The main ground to assail the order is that Appropriate Government is not the Central Government, hence the Asst. Labour Commissioner, Central had no jurisdiction to deal with the matter.

(2.) The submission has been rejected by the Appellate Authority for the reasons mentioned in Para 5 of the order. Following reasons have been mentioned to reject the submissions:

(3.) I have heard the learned counsel for the parties at length. The Apex Court in Praithama Bank, Head Office, Moradabadv. Vijay Kumar Goel and another, AIR 1989 SC 1977 : 1989 (4) SCC 441, has laid down that Regional Rural Bank is an instrumentality of Central Government. As the petitioner Bank is admittedly the Regional Rural Bank, in my opinion, the application was rightly filed before the Assistant Labour Commissioner, Central, the Controlling Authority under the Payment of Gratuity Act, thus the only submission raised falls down.