Petitioner sought direction for release of gratuity due to employment dispute. Court declined to exercise discretionary writ jurisdiction as the petitioner had other remedies available regarding possession and gratuity dispute.
Writ petition dismissed with no order as to costs. Points raised kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1/2
wp4246.1 4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4246 OF 2014
Prakash Prabhakar Sandiman
-vs-
Principal, Hislop College, Nagpur and another
-----------------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda of
Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr.Harshal Bobde, counsel for the petitioner.
CORAM : SMT. VASANTI A. NAIK & P. R. BORA, JJ.
DATE : 22.09.2014.
By this petition, the petitioner seeks a direction to the respondent No.1 to release the amount of gratuity payable to the petitioner.
It appears that though the petitioner retired on attaining the age of superannuation on 31/05/2008, the petitioner had not vacated the quarters. The petitioner was liable to pay the rent for the said quarters. A suit was filed by the institution for seeking possession of the premises from the petitioner. The suit of the institution is decreed and the petitioner had filed a first appeal against the same. The said first appeal is withdrawn by the petitioner. There appears to be some dispute in regard to the payment of gratuity to the petitioner in view of the facts stated herein above. The petitioner has other remedies to seek the relief sought by the instant petition. We are not inclined to entertain the writ petition to grant the discretionary relief, in exercise of the writ jurisdiction in favour of the petitioner.
2/2
wp4246.1 4
Hence, the writ petition is dismissed with no order as to costs. The points raised in the petition are kept open.
JUDGE JUDGE
KHUNTE
1 issue framed by the court
Whether writ jurisdiction should be exercised to direct the release of gratuity when the petitioner has alternative remedies due to not vacating college quarters and facing possession suits.
Prakash Prabhakar Sandiman
Principal, Hislop College, Nagpur
another
Vasanti A. Naik
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
