Bahira1. The Controlling Authority has considered all the submissions
and has passed an order accepting the Respondent's claim for gratuity.
The main ground of challenge in the present petition is that the
Controlling Authority had already made up its mind, since the same
officer had referred the industrial dispute raised by the Respondent in
respect of his termination on the same ground of invalidation of his caste
certificate as a Conciliation Officer. It is pertinent to note that, firstly,
the impugned order passed by the Controlling Authority is amenable to a
challenge by way of an appeal and there is no reason why such appeal
should not be termed as an efficacious alternative remedy. Secondly,
and, at any rate, the ground of challenge that the authority had made up
its mind, does not appear to have been raised before the Authority
itself. On these facts, the petition does not merit countenance. The
Petitioner may very well file an appeal and raise all grounds in
challenge, which are spelt out in the present petition before the
appellate authority. The writ petition, accordingly, is dismissed. It is,
however, clarified that the period, during which the present petition
was pending before this Court, should be treated as supporting a just
and reasonable excuse not to approach the appellate authority and the
appellate authority must condone the delay accordingly. It is also
clarified that the above observations in respect of non-raising of
challenge before the Controlling Authority on the ground that it had
already made up its mind, are made with a view to decide this present
petition. The appellate authority shall apply its mind to this submission
as also other submissions made by the parties on their own merits and
without being influenced by this order.
