Writ petition challenging gratuity orders under the Payment of Gratuity Act was dismissed for non-prosecution after the petitioner's death and failure to bring legal representatives on record, with liberty reserved to the legal representatives to pursue appropriate remedies.
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.
132171
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
MONDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION NO:'14361 OF 2005
Between:
M/S.NAWAB MIR BARKAT ALI KHAN BAHADUR, Prince Mukharam Jah Bahadur, HEH The Nizam Vlll, rep., by his SPA Holder Mr.Khairuddin Ali Khan.
...PETITIONER
ANO
,1 . THE APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 and Deputy Commissioner of Labour, Hyderabad (Twin Cities). 2. Irilr.Mohd.Sharif, s/o Mohd.lmam Sharif, aged 75 years, Ex.Asst.Accountant, c/o Labour Law Consultants, House of Labour, King Koti Road, Hyderabad. ...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass order, direction or writ more so in the nature of writ of certiorari calling for the records in the proceedings of the'l st respondent in P.G.A.No.S of 2004, dated 08-04-05 and also in proceedings of the Hon'ble Controlling Authoritycum-Assistant Commissioner of Labour-lll, Hyderabad in P.G.No.5 of 1999 and declare the same as illegal, arbitrary, ultra vires and violative of provisions of Payment of Gratuity Act and consequently quash the orders and set aside the same and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case-
l.A. NO: 1 OF 2005(WPMP. NO: 182MOF 20051
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent not to disburse the gratuity amount deposited before the 1st respondent till the disposal of the writ petition and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.
Counsel for the Petitioner:SRl. R. RAGHUNANDAN Counsel for the Respondei-t tto.t: GP FoR ABOUR Counsel for the Respondent NO.2: -- The Court made the following: ORDER
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7
THE HONOURABLE SRIJUSTICE N. TUKARAMJI
WRIT PETITION No.14361 of 2005
ORDER:
. This writ petition is filed seeking issuance of Writ of Certiorari by calling for records in the proceedings of the Appellate Authority \ under Payment of Gratuity Act, 1972 in P.G.A.No.OS of 2004, dated 08.04.2005 and also the proceedings of the Controlling Authoritycum-Assistant Commissioner of Labour-lll, Hyderabad in p.G.No.5 of 1999 and to declare the same as illegal, arbitrary and violative of provisions of Payment of Gratuity Act and consequently quash the orders.
2
reserving liberty to the legal representatives of the writ petitioner to
avail appropriate remedies for the grievance in the writ petition, as per
law. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
\
S -N. SRIH ASSISTAN REGI
//TRUE COPY//
S TION OFFICER
To,
d
HIGH COURT
DATED:1411012024
ORDER
WP,No.1436l of 2005
DISMISSING THE WRIT PETITION WITHOUT GOSTS PL 6 t r 6
2 provisions across 2 enactments
M/s. Nawab Mir Barkat Ali Khan Bahadur, Prince Mukharam Jah Bahadur, HEH The Nizam VIII, rep. by his SPA Holder Mr. Khairuddin Ali Khan
The Appellate Authority under Payment of Gratuity Act, 1972 and Deputy Commissioner of Labour, Hyderabad (Twin Cities)
Mohd. Sharif
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
