SINGH CONSTRUCTION COMPANY Vs. AJAY KUMAR SINGH

JUDGEMENT

(1.) In this writ petition th petitioner has prayed for quashing the order dated 17.9.07 passed by the Deputy Labour Commissioner-cum-Controlling Authority, Bokaro in PG. No. 4/2006 to PG. No. 14/2006 whereby he has allowed the claim of the concerned workman under the provision of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the said Act'). The ground for challenging the said order is that the order has not been passed by the competent authority.

(2.) Learned J.C to G.P-I appeared and submitted that this writ petition has got no merit and the same is also not maintainable. It has been submitted that the petitioner had filed appeal against the said order of the Deputy Labour Commissioner-cum- Controlling Authority, Bokaro before the Labour Commissioner-cum-Appellate Authority, Payment of Gratuity Act, 1972 being Appeal No. PG 03/08. The said appeal has been dismissed for non-compliance of the mandatory provision of Section 7(7) of the Payment of Gratuity Act, 1972. The petitioner has not prayed for setting aside the said order, though the original order merges into the said appellate order.

(3.) I have heard learned counsel for the parties and considered the facts and materials on record. I have also perused the impugned order.