1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1348 OF 2011 (Chief Officer, Municipal Council, Wardha vs. Dashrat Supaji Nagrale (dead), through L.Rs. and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A. Sambre, Advocate for the petitioner. Shri D.C. Naukarkar, Advocate for the respondent nos. 1 (a) to (d). ------- CORAM : R.M. SAVANT, J. DATED : AUGUST 8 , 2011 Since there is an alternate efficacious remedy by way of Appeal under Section 7(7) of the Payment of Gratuity Act, 1972, it is not necessary to entertain the above petition. The petitioner is, therefore, allowed to withdraw the petition with liberty to file an Appeal. If the issue of limitation arises, the Appellate Authority would take into consideration the fact that the petitioner was prosecuting the present petition from 28/2/2011 when the above 2 petition was filed and the first order having been passed in the above petition issuing notice on 18/3/2011. The petitioner would be given the benefit of the said period upto the date of passing of the instant order. The petitioner has deposited an amount of rupees twenty-five thousand in this Court pursuant to the said order dated 18/3/2011. The petitioner can on producing evidence of having filed the said Appeal apply for getting the said amount transmitted to the Office of the Appellate Authority. The petition is accordingly dismissed as withdrawn. JUDGE khj