1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3489 OF 2009 1. SMT. USHA BALE YADAV R/O. CHANDRAPUR. .. PETITIONER/S. VERSUS 1. SMT. SHIV DULARI YADAV @ SHIV DULARI RAMESHWAR YADAV R/O. MAJRI COLLIERY, TAH. BHADRAVATI, DIST. CHANDRAPUR. 2. SUB-AREA MANAGER, WESTER COALFIELDS LTD. MURPAR SUB-AREA, PO.KHARSANGI, DIST. CHANDRAPUR. .. RESPONDENT/S. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri D.T.Shinde, Advocate for Petitioner. CORAM : R.C.CHAVAN, J. DATED : AUGUST 20, 2009. 1. This petition is directed against an order passed by the Controlling Authority under the Payment of Gratuity Act and Assistant Labour Commissioner (Central), Chandrapur, directing payment of gratuity in respect of one Bale Chuku Yadav, who died in the year 2004. Respondent No.1 produced succession 2 certificate before the authority, therefore, the authority held that she was entitled to receive payment of gratuity. 2. The petitioner can question this succession certificate by filing appropriate proceedings before the Civil Court and apply in such proceeding to have the amount of gratuity transferred to it and kept in deposit till dispute about succession certificate is over. 3. In view of the fact that the authorities have relied on succession certificate granted by the Civil Court it cannot be said that the orders are incorrect or call for any interference. The petition is, therefore, dismissed. 4. The petitioner may approach Civil Court for taking appropriate steps to protect her interest. JUDGE RR.