IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 11332 of 2009 Between: Dr. Jayantika Gyani, W/o. Dr. Rajender Gyani, Crawford Memorial Hospital, Vikarabad, R.R. District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep by Regional Labour Commissioner (Central), Competent Authority under Gratuity Act Hyderabad. 2 State of Andhra Pradesh, Rep by the Commissioner, Employees Provident Fund, Barkatpura, Hyderabad. 3 Methodist Church in India Rep by M.V. Christy, Episcopal Head Hyderabad Regional Conference Bishops House, H.No. 5-8-336, Chapel Road, Hyderabad. 4 Crawford Memorial Hospital, Rep by Dr. I.J. Christopher Medical Superintendent Vikarabad, R.R. District - 501 101 5 Rev. C.H. Ananthaiah, Executive Secretary, Regional Executive Board Hyderabad Regional Conference, H.No. 5-8-336, Chapel Road, Methodist Complex, 2nd Floor, Abids, Hyderabad. 6 The General Secretary Methodist Church in India, 21 YMCA Road, Mumbai Central Mumbai .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus : i) by declaring the action of the 1st and 2nd respondent in not taking action against the respondent Nos. 3 to 6 even though they are guilty of violating statutory rules is wholly illegal, arbitrary and unconstitutional and violative of Article 14 and 21 of constitution of India since Gratuity Act and Provident Fund Act are a beneficiary piece of Legislation ii) by declaring the action of the respondent in not settlings and paying the Provident Fund, Gratuity and arrears of Salary for (4) years, (9)months, complete salary for (3) months and also incentive awarded by the Global Ministry (Women Division) as wholly illegal, arbitrary, unconstitutional and violative of Article 14 and 21 of constitution of India apart from violating the provisions of Payment of Gratuity Act and Employees Provident Fund Act and consequently direct the respondents to pay the provident Fund, Gratuity and arrears of Salary for (4) years, (9) months, complete salary for (3) months and also incentive awarded by the Global Ministry(Women Division) to the petitioner along with interest at the rate of 24% per annum till the amount is realized in the interest of justice and pass such other orders. Counsel for the Petitioner:MR.PRATAP NARAYAN SANGHI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.: MR.R.N.REDDY (STANDING COUNSEL FOR EMPLOYEES’ PROVIDENT FUND) The Court made the following : ORDER: The petitioner is a doctor and she worked in the 4th respondent hospital belonging to the 3rd respondent Church and after putting a continuous service of about 23 years, she tendered her resignation on 26.03.2009 and the same was accepted by the 3rd respondent vide proceedings dated 31.03.2009. Subsequently, as her terminal benefits such as gratuity, provident fund and arrears of salary were not settled, she approached this Court and filed the present writ petition. 2. Heard both sides. 3. Apparently, before approaching this Court, the petitioner had not given any written representation to respondents 1 and 2 with regard to non-payment of gratuity, provident fund and arrears of salary. May be it is true that in the affidavit filed in support of the writ petition, it is stated that she went to the office of respondents 1 and 2 many times and made oral representations. In my considered view, she should have given a written representation to respondents 1 and 2 and if they do not initiate action, this Court can interfere with. Now the petitioner had not given any representation, I hereby direct the petitioner to approach respondents 1 and 2 and give a representation in writing with regard to her grievance i.e. non-payment of salary, gratuity and provident fund and respondents 1 and 2, in my considered view, will look into the same and pass necessary orders. Though respondents 1 and 2 are competent to settle the gratuity and provident fund, they have to ascertain the said fact from the unofficial respondents 3 to 6. Hence, the petitioner is directed to approach respondents 1 and 2 and give a representation in writing, within a period of four weeks from today, and on receipt of said representation, respondents 1 and 2, after putting the unofficial respondents 3 to 6 on notice, may decide the same, within a period of eight weeks. 4. Accordingly, the writ petition is disposed of. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J 26th June, 2009. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No11332 of 2009 (Disposed of-NC) 26th June, 2009 CBS