The General Manager (Hrm) v. Madan Mohan Kakkar S/O Khemchand Kakkar
Case brief
What is this about?
Exhaustion of statutory remedy - writ petition under Article 226 against Controlling Authority/Controlling Officer order under Payment of Gratuity Act, 1972 - Section 7(7) appeal - writ petitions maintainable but not entertainable where statutory appeal available - legal issue left open - liberty to employer-bank to appeal within 60 days before Appellate Authority - respondents to appear on assigned date - Appellate Authority to register and decide appeals preferably within 3 months - direction to consider judgment dated 05.01.2022 in D.B. Special Appeal (Writ) No. 561/2020, Rajasthan Marudhara Gramin Bank Jodhpur Vs. The Appellate Authority - impugned gratuity orders stayed till disposal of appeals - Bank of Baroda v. employee-respondents (14 connected petitions, lead CW-8683/2021) - Rajasthan High Court, Jaipur Bench, Ashok Kumar Jain, J., order dated 13/01/2026.
What did the court decide?
Writ petitions disposed of with directions: liberty to file appeal under Section 7(7) of the Payment of Gratuity Act, 1972 within 60 days before the Appellate Authority; respondents to appear before the Appellate Authority on assigned/intimated dates; Appellate Authority to register and decide the appeals as early as possible, preferably within 3 months, considering the judgment dated 05.01.2022 in D.B. Special Appeal (Writ) No. 561/2020; impugned orders to remain stayed till disposal of the appeals.