B.B. VAGYANI, President: - Unsuccessful complainant has filed this appeal. The present appellant (original complainant) has filed three consumer complaints bearing No.80/1999, 81/1999 and 82/1999 before Consumer forum Wardha. All the complaints are in respect of non - payment of amount of gratuity and terminal dues. The forum below dismissed all the complaints by common order dt.14 - 12 - 1999. The complainant has taken the exception to the dismissal order and has come up the appeal. 2. We heard the learned Advocate J. C. Shukla, Amicus - curie and learned Advocate Shri. N. W. Almelkar for respondent. 3. The short point that arises for consideration is as whether complaints for recovery of gratuity amount lie before the consumer forums constituted under Consumer Protection Act, 1986. 4. The learned Adv. Shukla argued that the Consumer Protection Act, 1986 is benevolent legislation and therefore Consumer Foras should take liberal approach and entertain the complaint filed for recovery of amount of gratuity. On the other hand learned Adv. Shri. Almelkar argued that there is complete ouster of Consumer Foras. In order to support his submission he has relied upon the decision of the Bombay High Court in case of Rashtriya Hair Cutting Saloon Vs. The Maharashtra Kamgar Sabha & Ors. reported in 1994(III) L.L.J. (Suppl.) No.1086 and decision of Hon'ble Supreme Court between State of Punjab and Labour Court Jullundur and others, reported in 1981(1) LLJ. 354 . 5. Section 7 of the payment of gratuity Act, 1972 particularly its sub - section 4 is very relevant in order to resolve the dispute raised in this appeal. The specific provision is made in Payment of Gratuity Act 1972 to resolve any dispute as to the quantum of gratuity payable to the employee under the Act. If such kind of dispute arises in respect of the amount bf gratuity the employer or the employee shall make an application to Controlling Authority for deciding the dispute. The Controlling Authority shall after due inquiry and after giving the parties as reasonable opportunity of being heard, determine the matter in dispute. If as a result of such enquiry any amount is found payable to employee the Controlling Authority shall direct the employer to pay such amount a reduced by the amount already deposited by the employer. 6. The Controlling Authority shall after due inquiry and after giving the parties as reasonable opportunity of being heard, determine the matter in dispute. If as a result of such enquiry any amount is found payable to employee the Controlling Authority shall direct the employer to pay such amount a reduced by the amount already deposited by the employer. 6. Under Sub - Section 5 of section 7 of the Payment of Gratuity Act, 1972 certain powers are conferred on the Controlling Authority which are analogous to the Civil Court trying a suit under the Code of Civil Procedure in respect of matters namely (a) enforcing the attendance of any person or examining him on oath. (b) requiring the discovery and production of documents. (c) receiving evidence on affidavits, and (d) issuing Commissions for the examination of witnesses. 7. Inquiry by the Controlling Authority shall be the judicial procedure within the meaning of sec.193 and 228 and for the purpose 196 of Indian Penal Code 1860. Subsec.7 ofSec.7 of Payment of Gratuity Act, 1972 provides remedy of appeal before the appropriate court. Appeal is to be filed within sixty days from the date of the receipt of the order. 8. The Hon'ble Supreme Court in case of State of Punjab Vs. Labour Court Jullundur referred supra has made following observations. "It is apparent that the Payment of Gratuity Act enacts a complete Code containing detailed provisions covering all the essential features of a scheme for payment of gratuity. It creates the right to payment of gratuity indicates when the rights will accrue, and lays down the principles for quantification of the gratuity. It provides further for recovery of the amount, and contains a special provision that compound interest at nine per cent per annum will be payable on delayed payment. For the enforcement of its provisions, the Act provides for the appointment of a Controlling Authority, who is entrusted with the task of administering the Act. The fulfilment of the rights and obligations of the parties are made his responsibility, and he has been invested with an amplitude of power for the full discharge of that responsibility. Any error committed by him can be corrected in appeal by the appropriate Government or an appellate authority particularly constituted under the Act." 9. The fulfilment of the rights and obligations of the parties are made his responsibility, and he has been invested with an amplitude of power for the full discharge of that responsibility. Any error committed by him can be corrected in appeal by the appropriate Government or an appellate authority particularly constituted under the Act." 9. Division Bench of Hon'ble Bombay High Court in case of Rashtriya Hair Cutting Saloon referred supra has taken similar view relying on the decision of Hon'ble Supreme Court in case of State of Punjab & Labour Court Jullundur. 10. The Division Bench of Bombay High Court has held that the Payment of Gratuity Act, 1972 is self contained code and its provisions impliedly exclude recourse to any other statute. 11. The learned Advocate Shri. Shukla argued that the remedy provided in Consumer Protection Act, 1986 is the additional remedy provided to the consumers and therefore the consumer complaint with regard to non - payment of gratuity is covered by the provisions of Consumer Protection Act, 1986. We find extremely difficult to digest the submission of learned Advocate Shukla which is contrary to the mandate of Apex Court. In the result we h old that dismissal order passed by the Forum be low does not suffer from any illegality. Hence the order. ORDER (1) Appeal filed by the appellant is dismissed. (2) Liberty is granted to the appellant (Original Complainant) to approach Controlling Authority Constituted under the payment of Gratuity Act, 1972. The Controlling Authority under the Act shall take into consideration, the time consumed before Consumer Foras and shall pass the appropriate order as per law. (3) The appellant shall approach within 30 days from the date of receipt of the order. (4) We appreciate the valuable assistance rendered by Amicus - curie Shri. Shukla, Advocate and Advocate Shri. Almelkar. (5) Office shall furnish the copies of order to the parties. Appeal dismissed.