01Facts
The petitioners challenged proceedings initiated before the Deputy Commissioner of Labour under the Payment of Gratuity Act, 1972, including applications seeking gratuity from the petitioners.
p. 6They contended that the Act did not apply to them and that the proceedings were therefore without jurisdiction.
p. 6The writ petitions sought to quash related interlocutory applications and restrain the authority from entertaining the gratuity applications
p. 602Issues
i.1. Whether the petitioners could challenge the gratuity proceedings on the ground that the Payment of Gratuity Act, 1972 did not apply to them
p. 6ii.2. Whether the writ petitions should be allowed before the petitioners raised that objection before the Deputy Commissioner of Labour
p. 603Law Applied
The Court referred to the Payment of Gratuity Act, 1972, under which the gratuity proceedings had been initiated, but cited no specific provision or precedent.
p. 6It stated that the petitioners could file a suitable counter before the Deputy Commissioner of Labour explaining why the Act did not apply to them
p. 604Reasoning
The Court did not determine whether the Act applied to the petitioners or whether the Deputy Commissioner had jurisdiction.
p. 6It held that the petitioners could raise their non-applicability objection by filing counters in the pending proceedings.
p. 6On that basis, it declined to grant the requested writ relief
p. 605Holding
The Court dismissed all five writ petitions, leaving the petitioners to raise their objections before the Deputy Commissioner of Labour.
p. 6No costs were ordered, and the connected writ miscellaneous petitions were closed
p. 6Original Court PDF
THE AVIANSHILINGAM EDUCATION TRUST,vsThe Deputy Commissioner of Labour,
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