1- Employee filed writ petition in high court in 2004 against his removal from service by employer for unauthorised absence .
2-In 2010 , high court remitted the matter to the appellate authority of the employer for reconsideration.
3-In 2011 , appellate authority upheld removal order . Employee's dues ( PF & Gratuity ) were not settled , no reasons were given for it .
4- In 2013 ,Employee again moved high court against the order and seeking a direction to employer for releasing dues admitted by the employer.
5- In 2014 , employer agreed to release the dues immediately but without any interest . Court said that interest will be considered at the final hearing .
6- In 2015 , as gratuity amount paid by employer was found to be incorrect , employee approached Controlling Authority under P . G . act 1972 for correction .
7- In 2017 , Controlling Authority allowed differential amount of gratuity but did not allow interest for delayed period from 2004 to 2015 , saying that same is before the court .
8- It is well known that courts have put SELF IMPOSED restriction on it's jurisdiction when petitioner has alternate remedy and have ordered them to seek remedy at other forum first .
9- In view of Controlling Authority allowing differential amount of gratuity indicates that court has not exercised it's jurisdiction .
Question
1- Did Controlling Authoity err in not allowing interest as per provision of P G Act ?
2- Does interim order of high court act as a bar on jurisdiction of statutory authority and prevent it from carrying out it's statutory obligation ?
3- What is the remedy ?
4- Which forum employee should agitate for correction in Providend Fund and interest ?
Pleas make the posting consistent and simple.
