Sawaran Singh And Others vs Pepsu Road Transport Corporation on 5 November, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                   C.W.P. No. 16890 of 2009
                                          DATE OF DECISION : 05.11.2009

Sawaran Singh and others

                                                            ... PETITIONERS
                                   Versus
Pepsu Road Transport Corporation, Patiala and others

                                                         ..... RESPONDENTS


CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL


Present:    Mr. Rajan Bansal, Advocate,
            for the petitioners.

                         ***

SATISH KUMAR MITTAL , J. ( Oral )

This is the second petition filed by the petitioners seeking

direction to the respondents to release the gratuity amount to the petitioners.

The earlier petition (CWP No. 10200 of 2009), filed by the petitioners, was

withdrawn by them on 14.7.2009, with liberty to avail the alternative

remedy under the Payment of Gratuity Act, 1972 (hereinafter referred to as

`the Act’) read with Payment of Gratuity (Central) Rules, 1972. Without

actually availing that remedy, the petitioners have again approached this

Court, by stating that the prescribed authority under the Act told them that

they cannot move an application before it, as the provisions of the Act are

not applicable to the respondent Corporation. I do not accept this averment,

as actually the petitioners did not file any application before the prescribed

authority under the Act and no order has been made on such an application.
CWP No. 16890 of 2009 -2-

Therefore, the instant petition is dismissed.

However, in terms of the earlier order dated 14.7.2009

(Annexure P-6), it will be open for the petitioners to avail the alternative

remedy.

November 05, 2009                               ( SATISH KUMAR MITTAL )
ndj                                                      JUDGE