UCO Bank vs Union Of India And Ors

This case is taken up through video conferencing.

The present writ petition has been filed for quashing the notice dated 18th April, 2018 (Annexure-6 to the writ petition) issued by the respondent no.2 as well as the order dated 8th March, 2019 passed by the said respondent by reasons of which the petitioner has been directed to make payment of admissible gratuity to the respondent no.3 along with suitable interest. The petitioner has further prayed for issuance of writ of declaration, declaring that the respondent no.3 is not entitled to get the payment of gratuity, as the same has been forfeited by the petitioner on account of his dismissal from service.

Mr. Bharat Bhushan, learned C.G.C., appearing on behalf of the respondent-Union of India, submits that the order passed by the respondent no.2 is appealable in nature in terms of Section 7(7) of the Payment of Gratuity Act, 1972.

Having heard learned counsel for the parties and keeping in view that the petitioner-bank has challenged the order dated 8 th March, 2019 passed by the respondent no.2, as the controlling authority under Payment of Gratuity Act, 1972, against which the appeal lies under Section 7(7) of the said Act, I am not inclined to entertain the present writ petition at this stage.

The writ petition is, accordingly, dismissed as not maintainable.

The petitioner is, however, at liberty to take appropriate recourse against the impugned order dated 8th March, 2019 as provided under the law.