IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10333 of 2010 QUTUBUDDIN ANSARI SON OF LATE KAMALUDDIN ANSARI RESIDENT OF VILLAGE NEORA, P.S. NEORA AND DISTRICT - PATNA. Versus 1. THE STATE OF BIHAR THROUGH INDUSTRY DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. BIHAR STATE HANDLOOM WEAVER’S CO- OPERATIVE LTD. THROUGH ITS CHAIRMAN, RAJENDRA NAGAR, PATNA -1. 3. THE MANAGING DIRECTOR, BIHAR STATE HANDLOOM WEAVER’S CO-OPERATIVE UNION LTD. RAJENDRA NAGAR, PATNA ----------- 02. 07.07.2010 Heard learned counsel for the petitioner and Government Advocate No. 3 for the State. It is submitted on behalf of the petitioner that petitioner retired on 30th of June 1999 as a Manager- cum-Salesman from Bihar State Handloom Weaver’s Co- operative Ltd. It is further submitted that petitioner upon his superannuation was not paid the gratuity and as such, petitioner filed a case before the Deputy Labour Commissioner-cum-Controlling Authority under the provisions of Payments of Gratuity Act vide case no. 91 of 2000 which was allowed and communicated to the petitioner vide memo no. 1840 dated 09.05.2002. The authorities have not paid the said amount. It is further submitted that no further application was filed by the petitioner with respect to the execution of the said order. 2 He further submits that other claim of the petitioner is with regard to the payment of arrears of salary for the period commencing from July 1993 as also some other dues. Learned Government Pleader for the State submits that the petitioner ought to have taken the recourse under the Gratuity Act for redressal of his grievance and no such writ application deserves to be entertained in the facts and circumstances of the case. In the above circumstances, this writ application is not entertained and the petitioner will be at liberty to take immediate action if any in accordance with law before any other forum. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)