H. K. E. Society, Gulbarga v. Deputy Labour Commissioner and the Appellate Authority, Gulbarga
2009-02-05
H.G.RAMESH
body2009
DigiLaw.ai
ORDER H.G. Ramesh, J : This writ petition by the H.K.E. Society, Gulbarga is directed against the order dated 3.4.2008 (Annexure-D) passed by respondent No. 1 - the Appellate Authority under the Payment of Gratuity Act, 1972 ('the Act'), Gulbarga, dismissing the appeal filed by the petitioner for non-compliance of the second proviso to Section 7(7) of the Act. 2. I have heard the learned Counsel appearing for the parties and perused the impugned order at Annexure-D. 3. It is relevant to state that respondent No.2-the Controlling Authority by its order dated 28.11.2007 (Annexure-A) had determined the gratuity amount payable by the petitioner to Respondent No.3 at f 1,29,720/- along with interest thereon @ 8% p.a. from 31.10.2003 till the date of deposit. It is not in dispute that the petitioner herein while presenting the appeal under Section 7(7) of the Act did not deposit the aforesaid amount held payable either with the Controlling Authority or the Appellate Authority as contemplated under the second proviso to Section 7(7) of the Act. 4. Learned Counsel appearing for respondent No.3, in support of the impugned order, relied on a judgment of the Madras High Court in Christian Medical College and Hospital Vs. Deputy Commissioner of Labour (Appeals) (2003 LAB. I.C. 2453). I am in respectful agreement with the view taken in the said judgment. When the Controlling Authority quantifies the gratuity amount payable and directs the employer to pay the same, the said sum is the amount which is required to be deposited in terms of the second, proviso to Section 7(7) of the Act while preferring the appeal. Accordingly, I find no legal infirmity in the impugned order at Annexure-D to warrant interference. 5. However, in the interest of justice, the petitioner is given liberty to deposit the amount determined as payable, either with the Controlling Authority or the Appellate Authority within one month from today; on such deposit, respondent No. I-the Appellate Authority shall consider the appeal of the petitioner on merits and disposed of in accordance with law. Petition disposed of.