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Deepak Narayan Bhandarkar   15 October 2018

WILL an interim order of high court in a writ petition act as a legal bar on Statutory Authority under a central act from discharging his constitutional duties ?

An employee removed from services by his employer filed writ petition in high court against the order pleading for an interim order to the employer to release his terminal dues which were not released by the employer for over 15 years . Court allowed the interim prayer but said interest for delayed payment of dues will be considered at final hearing . The amount so released by the employer ( sans interest ) was found to be incorrect . The employee then moved an application before controlling authority under P G Act 1972 for correction in gratuity amount . The authority granted release of differential gratuity amount and interest only from the date of order of high court ordering release of terminal dues and not from date on which gratuity had become due and payable 15 years ago , saying court order acts as a bar on authority from giving interest from the date on which gratuity had become due and payable .

questions -
1- whether order of high court acts as a legal bar on Statutory Authority constituted under central act like PG Act 1972 from discharging his constitutional duties ?
2- What is the remedy ?


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