HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 2354 (M/S) of 2001 1. Yogesh lal, Assistant Engineer, Provincial Division, P.W.D. Ranikhet. 2. Executive Engineer, Provincial Division, P.W.D. Ranikhet. ….Petitioner Vs 1. Controlling Authority/ Deputy Labour Commissioner, Kumoun Region, Haldwani, Nainital. 2. Pan Singh, S/o Late Sri Pratap Singh Gram Khudoli, Almora. …..Respondents Sri Nand Prasad learned counsel for the petitioner. Sri P.S. Rawat learned counsel for the respondent No.2. Dated: - 27-02-2006 Hon’ble B.S. Verma, J. Heard Sri Nand Prasad learned counsel for the petitioner and Sri P.S. Rawat learned counsel for the respondent No.2. The writ petition has been filed against the impugned order dated 7-8-2001 passed by the Controlling Authority, Payment of Gratuity in case No. PGA 10/97 Pan Singh Vs. Executive Engineer, Provincial Department P.W.D. Lok Nirman Vibhag, Almora. Notice was issued by this court on 17-7-2001 and an interim order was also passed by this court on 17-7-2001 directing the petitioner to deposits Rs. 10,000/- within a month. In compliance of the aforesaid order, the said amount was not deposited by the petitioner. Learned counsel for the respondent No.2 submitted that the writ petition is not maintainable because the appeal is provided under Sub-section 7 Section 7 of the Payment of Gratuity Act and Rules, the same is quoted below: - “Any person aggrieved by an order under Sub Section (4) may, within sixty days from the date of the receipt of the order, prefer and appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf; 2 Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days: [Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4), or deposits with the appellate authority such amount].” Therefore, the alternative remedy is available to the petitioner. On the ground of alternative remedy, the writ petition is dismissed in limine. Interim order is vacated. However, the petitioner is at liberty to file an appeal, if he desires so. (B.S. Verma,J) Dated:- 27-2-2006 M.K.