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HIGH COURT OF DELHI
Date of Decision: 18th January, 2023
RAHUL JINDAL ..... Petitioner
Through: Ms. Payal Mohanty, Advocate
Through: Mr. Tarkeshwar Nath, Mr. Lalit Mohan, Mr. Harshit Singh and Mr. Virat Saharan, Advocates
JUDGMENT
1. Present writ petition has been filed seeking directions to the Respondent Corporation to pay gratuity to the Petitioner in accordance with the provisions of the Payment of Gratuity Act, 1972 and reliance is placed on the judgment of the Madras High Court in W.P. No. 2135/1987 titled as Mettur Beardsell Ltd. (represented by Its Personnel Manager), Madras v. Regional Labour Commissioner (Central) (Authority under Payment of Gratuity Act), Madras & Others decided on 12.06.1996 and judgment of the High Court of Kerala at Ernakulam in W.P.(C) No. 13911/2012 (L) titled as Sreeja. B v. The Regional Joint Labour Commissioner decided on 05.03.2015.
2. In view of the provisions of Payment of Gratuity Act, 1972, the relief sought by the Petitioner lies before the Controlling Authority Neutral Citation Number: 2023/DHC/000514 W.P.(C) 17237/2022 under the said Act and the writ petition is not maintainable at this stage.
3. In view of the alternative statutory remedy, writ petition is disposed of granting liberty to the Petitioner to approach the Appropriate Authority under the Payment of Gratuity Act, 1972 in accordance with law.
JYOTI SINGH, J JANUARY 18, 2023