- (1.) The petitioner had filed a writ petition being W.P. (C) No. 1414 of 2006 challenging the original order dated 28.12.2005 passed by the Assistant Labour Commissioner-cum-Controlling Authority, Bokaro under the Payment of Gratuity Act in P.G. No. 1 of 1998. The following order was passed in the said writ petition on 16.5.2006:- - " Petitioner is challenging the order passed by Assistant Labour Commissioner-cum-Controlling Officer, under the Payment of Gratuity Act by which he has been directed to pay certain amount to the labourers engaged by it. In my opinion, if the petitioner is aggrieved by the said order, he may prefer appeal in accordance with the provisions of Payment of Gratuity Act. Since alternative remedy of appeal is available to the petitioner under the said Act, I am not inclined to grant any relief to the petitioner. This writ application is, accordingly, dismissed."
(2.) The petitioner filed appeal being Appeal Case No. PG-02-2006-07 which has been dismissed by order dated 18.10.2008 on the ground that the petitioner has filed appeal without depositing the statutory amount.
(3.) Mr. Baban Lal, learned senior counsel appearing for the petitioner submitted that the original order dated 28.12.2005 is wholly without jurisdiction as the appropriate Government is the Central Government in this case. The said submission was available to the petitioner when the said order was passed on 16.5.2006.;