ORDER : A.S. BOPANNA, J. 1. Petitioner is before this Court assailing the order dated 10.06.2013 impugned at Annexure-A to the petition. In that light, the petitioner is seeking issue of mandamus to direct the respondent No.1-Corporation to release the difference of Gratuity of Rs. 57,607/- with interest as determined by the Controlling Authority. 2. The petitioner herein was before the Controlling Authority under the Payment of Gratuity Act, 1972, seeking 3 payment of difference of gratuity and also payment of interest for the delayed payment. The Controlling Authority through the order dated 02.05.2012 has arrived at the conclusion that the petitioner is entitled to interest at Rs. 57,607/-. 3. The respondents herein claiming to be aggrieved by the said order was before the Appellate Authority. The Appellate Authority through the order dated 10.06.2013 has arrive d at the conclusion that the only amount that was liable to be paid as the difference of gratuity is Rs. 8,588/- and in that view, has ordered that interest on the said amount working out to Rs. 1,490/- alone is payable. The petitioner herein was respondent No.1 in the said proceedings. He is therefore before this Court assailing the order dated 10.06.2013 and seeking benefit of the order passed by the Controlling Authority dated 02.05.2012. 4. One of the contentions which is urged in this petition is that the Appellate Authority ought not to have entertained the appeal. When the entire amount as determined by the Controlling Authority amounting Rs. 57,607/- was not deposited before the Appellate Authority. In that light, it is contended that the petitioner is entitled to receive entire amount and the order passed by the Appellate Authority is not justified. 5. The learned Counsel for the respondents seeks to sustain the order passed by the Appellate Authority o n the ground that consideration with regard to nature of claim made is taken note by the Appellate Authority and in that light worked out the difference of amount payable an d appropriately ordered interest on the amount payable . 6. Though contentions on merit is urged, the issue a t the outset is as to whether the Appellate Authority was justified in proceeding with the appeal in the absence of the amount 5 being deposited before it in terms of determination made by the Controlling Authority. 7. 6. Though contentions on merit is urged, the issue a t the outset is as to whether the Appellate Authority was justified in proceeding with the appeal in the absence of the amount 5 being deposited before it in terms of determination made by the Controlling Authority. 7. A perusal of the order passed by the Appellate Authority would disclose that the petitioner herein had raised such contention and the same was also noticed by the Appellate Authority but has proceeded to ultimately determine the appeal. 8. In that view of the matter, the order of the Appellate Authority would not be justified. However, keeping in view the fact that the appeal had been filed by the respondents and presently, the ultimate conclusion reached by the Appellate Authority is to the benefit of the respondents herein, the order cannot be set aside only on that ground, but in any event, if the respondents herein make deposit before the Appellate Authority, the benefit would be available for consideration of appeal, as otherwise, the amount as determined by the Controlling Authority in any event would become final and shall be payable. 9. Therefore, in order to permit the parties to put-forth their contentions in that regard and if the respondents desire consideration of their appeal, the entire amount is liable to be deposited before the Appellate Authority. In that view of the matter, the order date d 10.06.2013 which ensures to the benefit of the respondents can be sustained in its present form and the same is accordingly set aside. The matter is remitted to the Appellate Authority to restore the case bearing No.DLC/B2/PGA/CR/61/12-13 on record. 10. The respondents shall deposit the entire amount a s determined by the Controlling Authority before the Appellate Authority within four weeks from this date. If the said amount is deposited, the Appellate Authority shall proceed further in the matter, failing which, t he order 7 of the Controlling Authority would be available for execution. To enable the Appellate Authority to proceed further in the matter, the parties shall appear before the Appellate Authority without fresh notice being issue d, on 25.06.2018 and the Appellate Authority shall dispose of the appeal as expeditiously as possible but not later than three months from the date of first appearance. 11. Petition is accordingly disposed of.