Judgment B.B. Vagyani, Member.—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 14.12.1999. The complainant has taken the exception to the dismissal of 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 i.e., before the consumer forums constituted under Consumer Protection Act, 1986. 4. The learned Advocate Shukla argued that the Consumer Protection Act, 1986 is benevolent legislation and, therefore, Consumer Foras should take liberal approach and entertain the complaints filed for recovery of amount of gratuity. On the other hand learned Advocate 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., 1994 (III) LLJ (Suppl.) 1086 and decision of Hon’ble Supreme Court between State of Punjab and Labour Court Jullundur & Ors., 1981 (I) 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 and 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 of 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 a 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 as reduced by the amount already deposited by the employer. 6. The Controlling Authority shall after due inquiry and after giving the parties a 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 as reduced by the amount already deposited by the employer. 6. Sub-section 5 of Section 7 of the Payment of Gratuity Act, 1972 certain powers are conformed 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 Sections 193 and 228 and for the purpose 196 of Indian Penal Code, 1860. Sub-section 7 of Section 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, (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 right will accrue, and lays down the principles for quantification of the gratuity. It provides further the recovery of the amount, and contains a special provision that compound interest at nine percent 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 fulfillment 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 fulfillment 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 (Supra), has taken similar view relying on the decision of Hon’ble Supreme Court in case of State of Punjab and Labour Court Jullunder. 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. 10. 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 hold that dismissal order passed by the Forum below does not suffer from any illegality. Hence the order. ORDER (1) Appeal field 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-curiae Shri Shukla, Advocate and Advocate Shri Almelkar. (5) Office shall furnish the copies of order to the parties.