Andhra Pradesh Grameena Vikas Bank vs. Before The Appellate Authority
Facts
The petitioner, Andhra Pradesh Grameena Vikas Bank (APGVB), filed a writ petition challenging an order passed by the Appellate Authority (1st Respondent) and the Controlling Authority (2nd Respondent) under the Payment of Gratuity Act, 1972. The challenge was to the direction for payment of differential gratuity amounting to Rs. 7,24,378/- to the 4th Respondent, calculated as per Regulation 72(3) of the APGVB (Officers and Employees) Service Regulations, 2010, read with Section 4(5) of the Payment of Gratuity Act, 1972. The petitioner contended that these orders were illegal and without jurisdiction. The writ petition was filed before the High Court for the State of Telangana at Hyderabad.
Held
The Court did not decide the merits of the case. The Learned Counsel appearing for the petitioner sought permission to withdraw the Writ Petition. Permission was granted as sought for. Consequently, the writ petition was dismissed as withdrawn. The Court also ordered that any miscellaneous petitions pending in this Writ Petition shall stand closed, with no orders as to costs. No specific findings were made on the legality or jurisdiction of the orders passed by the Appellate Authority or the Controlling Authority, as the matter was withdrawn by the petitioner before any substantive adjudication.
Key Issues
1. Whether the order passed by the Appellate Authority and the Controlling Authority directing the petitioner to pay differential gratuity to the 4th Respondent, based on Regulation 72(3) of the APGVB (Officers and Employees) Service Regulations, 2010, read with Section 4(5) of the Payment of Gratuity Act, 1972, is illegal and without jurisdiction? Petitioner's Contention: The petitioner argued that the impugned orders were illegal and passed without jurisdiction. They relied on the specific service regulations governing their officers and employees. The petitioner sought to quash the orders of both the Appellate Authority and the Controlling Authority. Revenue/State's Contention: The judgment does not record any specific arguments made by the respondents, particularly the Union of India (represented by the Ministry of Labour and Employment) or the Labour Authorities. The 4th Respondent did not appear before the court.
Sections Cited
Section 4(5), Regulation 72(3)
AI-generated summary — verify with the full judgment below
[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETI TION NO: 29529 OF 2021 Between: Andhra Pradesh Grameena Vikas Bank, (APGVB) Rep by its Chairman/Authorized Signatory, Sponsored by SBIJ, H No 2 5,-8/1'
Opp. Lifeline Hospital, Rarinagai, Hanlmkonda, Warangal District- 506001 ...PETITIONER AND 1 Before the Appellate Authority, under the payment of Gratuity Act '1972 Et Dy Chief Laboui bommissroner (DCLC) (Central),|/C, Hyderabad, O/o at Shivam Road, Vrdyanagar. Hyderabad -44 Before the Controliin Authority, under Payment of Gratuity Act.1972 a Asst.
Labour Commissioner (Central) (ALC), 0lo. Dy. CLC( C), Hyderabad, O/o at Shivam Road. Vidyanagar, Hyderabad -44 The Union of lndia, rep. by its Under Secretary,liltstry of Labour and Employment department, 'Sastry Bhavan, New Delhi S. Chandra Sekar, S/o Sudarshan, H.No.10-1-9213/45-8, Janaki Enclave, Saroornagar, R.R. District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, th
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