Filing case in lower forum when petition is pending in high court

S.Narayan (Querist) 26 August 2011 This query is : Resolved
teachers were not covered under the payment of gratuity act 1972 as per supreme court judgment in 2004.

in 2007 I filed a writ in bombay high court . it was admitted. the case has not come up for final hearing.

In the meantime, Parliament passed a bill in 2009 to amend the act and gazette notification on 31st December 2010 was issued to cover teachers under the act.

Since my case has not come up for final hearing in the High Court, can i now file a petition with the the controlling authority under the Payment of Gratuity Act in Mumbai for the payment of my gratuity by my former employer - the management of school? Is there any bar to the same under any law?

s. narayan

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Raj Kumar Makkad (Expert) 26 August 2011
There is bar under section 10 of CPC. You shall have to withdraw your earlier petition if you decide to file your petition before Controlling Authority.

prabhakar singh (Expert) 27 August 2011
I agree with the expert Raj kumar makkad .

Advocate. Arunagiri (Expert) 27 August 2011
You can withdraw the writ petition and send a request letter to the authority for getting the suitable relief.

Guest (Expert) 27 August 2011
section 10 will not be a bar. Since highcourt is not a civil court.

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