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SCA/11668/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11668 of 2009
=========================================================
SALADI
DOODH UTPADAK SAHAKARI - Petitioner(s)
Versus
NIRUBEN
RAMABHAI PRAJAPATI & 1 - Respondent(s)
=========================================================
Appearance
:
MR.VARUN
K.PATEL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/03/2010
ORAL
ORDER
Heard
learned Varun K.Patel appearing on behalf of the petitioner.
In
the present petition, the petitioner has challenged the order of the
Controlling Authority, Mehsana in Application GTC No.26 of 2008 dated
28.5.2009. The petitioner has directly approached this Court though
the petitioner has alternative remedy of appeal under Sub-section (7)
of Section 7 of the Payment of Gratuity Act. Therefore, on that
ground only, the present petition is not entertained, without
expressing any opinion on the merits.
Learned
advocate Mr.Patel has reasonable apprehension that since there is a
delay, the authority concerned may not entertain the appeal.
Considering the same, it is open for the petitioner to explain such
delay while approaching the authority concerned and the authority
concerned may consider the same and pass appropriate orders in
accordance with law on merits.
In
view of the above observations, the present petition is disposed of.
(H.K.Rathod,
J.)
Sreeram.
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