Is a writ petition preferred by an employee for payment of gratuity maintainable inspite of the fact that an alternative remedy is available to him under the Payment of Gratuity Act?
In this case the employee was superannuated on 31.3.1993 after rendering service of 33 years. No payment of gratuity was made to him although all efforts were made by him. He, therefore, preferred a writ petition in1994.Notices were issued by the High Court on 18.4.1994 but no reply had been filed by the employer. The High Court, therefore, by the judgment dated 23.10.2007 directed the employer to make the payment of gratuity to the employee within a period of three months observing that when this petition is pending since 1994, in the interest of justice, it is allowed without relegating the employee to avail the alternative remedy under the Payment of Gratuity Act.
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