.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 156 OF 2009 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.V.A. Patil for the petitioners. Mr.V.S. Masurkar, Government Pleader for respondent no.1. Mr.K.J. Hakani for respondent no.4. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 20TH JANUARY 2009 P.C. P.C. P.C. : . We have heard Mr.Patil, learned counsel for the petitioners. . There are in all 104 petitioners. Mr.Patil seeks leave to delete petitioners nos.2 to 104. . Leave granted and petitioners nos.2 to 104 shall stand deleted forthwith. . Learned counsel for respondent no.4 Bank has placed before us a copy of - 2 - the letter dated 31st August 2007 addressed to the petitioners by the Bank and along with the said letter, details of gratuity calculations have also been provided. . Prima facie, it appears that for the purpose of gratuity, basic salary and dearness allowances have been taken into consideration. However, Mr.Patil on instructions states that additional dearness allowance of Rs.1,468.18 p. is not the correct dearness allowance and the said amount was payable in April 1997 onwards. . It is therefore clear that there is a dispute regarding calculation of gratuity which is covered under section 7(4)(a) of the Payment of Gratuity Act, 1972. Consequently, under section 7(4)(b) of the Act, the remedy for the petitioner lies before the Controlling Authority by submitting an application. When such a statutory alternative and efficacious remedy is available to the petitioner, we need not entertain this petition under Articles 226 and 227 of the Constitution. - 3 - . Hence, the petition is disposed off with liberty to the petitioner to approach the Controlling Authority under the Payment of Gratuity Act, 1972. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)