(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

WRIT PETITION NO: 34289 OF 2021

Between:

Andhra Pradesh Grameena Vikas Bank, (APGVB) Rep. by its Chairman/Authorized Signatory, Sponsored by SBI, H.No.2-5-8/1, Opp. Lifeline Hospital, Ramnagar, Hanamkonda, Warangal District- 506001.

Petitioner

AND

• 1. Before the Appellate Authority, under the payment of Gratuity Act. 1972 and Dy. Chief Labour Commissioner (DCLC) (Central), I/C, Hyderabad, 0/o at Shivam Road, Vidyanagar, Hyderabad -44
• 2. Before the Controlling Authority, under Payment of Gratuity Act. 1972 and Asst. Labour Commissioner (Central) (ALC), 0/o. Dy. CLC(C), Hyderabad, O/o at Shivam Road, Vidyanagar, Hyderabad -44
• 3. The Union of India, rep. by its Under Secretary, Ministry of Labour and Employment department, Sastry Bhavan, New Delhi.
• 4. A. Varalaxmi, W/o Kadem Soma Ramulu, H.NO. 5-1-218, Kairaja Nagar, Khammam Urban, Khanapuram Haveli(Rural), Khammam 507 002

Respondents

WHEREAS the Petitioner above named through its Advocate Ms. V UMA DEVI presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Certiorari, calling for the records and quash the order passed by the 1st Respondent Appellate Authority in Gratuity Appeal (GA) No. 36/214/2020-E1/DY, dt.12/10/2021, (Common order in GA No. 36/102-139, 210-240/2020-E1/DY, SI.No. 43) in pursuance to the order passed by the 2nd respondent Controlling Authority in Payment of Claim Application (PGA) No.48/64/2019-ALC/MCI, dt.16.03.2020, preferred by the R-4 herein for payment of differential Gratuity amount of Rs. 1,44,428/- as per the regulation 72 (3) of the APGVB (Officers and employees) Service regulations 2010 r/w Section 4(5) of the Payment of Gratuity Act, 1972 as illegal, and without jurisdiction, as bad in law by modifying the same;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Ms. V UMA DEVI, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Appellate Authority, under the payment of Gratuity Act.1972 and Dy. Chief Labour Commissioner (DCLC) (Central), I/C, Hyderabad, 0/o at Shivam Road, Vidyanagar, Hyderabad -44
• 2. The Controlling Authority, under Payment of Gratuity Act. 1972 and Asst. Labour Commissioner (Central) (ALC), 0/o. Dy. CLC(C), Hyderabad, O/o at Shivam Road, Vidyanagar, Hyderabad -44
• 3. The Under Secretary, Union of India, Ministry of Labour and Employment department, Sastry Bhavan, New Delhi.
• 4. A. Varalaxmi, W/o Kadem Soma Ramulu, H.NO. 5-1-218, Kairaja Nagar, Khammam Urban, Khanapuram Haveli(Rural), Khammam 507 002

are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 2 OF 2021

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 suspend the operation of the order passed in Gratuity Appeal (GA) No. 36/214/2020- E1/DY, dt.12-10-2021, (Common order in GA No. 36/102-139, 210-240/2020-E1 /DY, Sl. No. 43) in pursuance to the order passed by the 2nd respondent Controlling Authority in Payment of Claim Application (PGA) No. 48/ 64/ 2019-ALC/MCI, dt.16.03.2020, preferred by the R-4 herein pending disposal of WP No. 34289 of 2021, on the file of the High Court.

The Court made the following: ORDER:

Notice before admission.

Post after four weeks.

Heard both sides.

The apprehension is that the order passed by the appellate authority would be executed since it is a money decree in one sense.

There shall be an interim stay of the operation of the orders passed by the appellate authority under the Payment of Gratuity Act and the Chief Commissioner, Labour in this case on the condition that the respondentworkman shall be entitled to withdraw 50% of the amount that is already. deposited and is mentioned in the orders of appellate authority in the annexure. The respondent shall be permitted to withdraw 50% on furnishing bank guarantee. to the satisfaction of the appellate authority within a period of four weeks from the date of receipt of a copy of this order. The respondent-workman, who wishes to withdraw money should also ensure that the bank guarantee is extended till the issue is finally disposed of by this Court.

SD/- K ONESIM Assistant Registrar

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Appellate Authority, under the payment of Gratuity Act. 1972 and Dy. Chief Labour Commissioner (DCLC) (Central), I/C, Hyderabad, 0/o at Shivam Road, Vidyanagar, Hyderabad -44
• 2. The Controlling Authority, under Payment of Gratuity Act. 1972 and Asst. Labour Commissioner (Central) (ALC), 0/o. Dy. CLC(C), Hyderabad, O/o at Shivam Road, Vidyanagar, Hyderabad -44
• 3. The Under Secretary, Union of India, Ministry of Labour and Employment department, Sastry Bhavan, New Delhi.
• 4. A. Varalaxmi, W/o Kadem Soma Ramulu, H.NO. 5-1-218, Kairaja Nagar, Khammam Urban, Khanapuram Haveli(Rural), Khammam 507 002 (1 TO 4 by RPAD- along with a copy of petition and memorandum of grounds)
• 5. One CC to Ms. V UMA DEVI Advocate [OPUC]
• 6. One spare copy

mvj

HIGH COURT

AKS,J

DATED:17/12/2021

POST AFTER FOUR WEEKS

NOTICE BEFORE ADMISSION

WP.No.34289 of 2021

DIRECTION