JUDGMENT 1. Counsel for the petitioners submitted that the order dated 07.05.2019 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (for short "the Act of 1972") is appealable, however the Appellate Authority i.e. Dy CLC(C), Ajmer is not sitting and post is vacant since March, 2019 and as such the petitioner-employer, had no option except to approach this Court. 2. Counsel for the petitioners submitted that the order dated 07.05.2019 has been passed in violation of law laid down by the Apex Court in the case of Beed District Central Co-operative Bank Ltd. v. State of Maharashtra & Ors. reported in 2006 (8) SCC 51 . 3. Counsel submitted that in the present case the employee concerned had accepted the gratuity benefits as per the regulations framed by them and after having accepted such benefits, the application for claiming the benefits under the Act of 1972 at belated stage, could not have been entertained. 4. Issue notice of the writ petition as well as stay application, returnable within five weeks. 5. The petitioner-employer is required to deposit the principal amount of gratuity as has been ordered by the Controlling Authority i.e. Rs. 4,73,138/- without element of interest. The said amount will not be disbursed to the respondent-employee without permission of this Court. 6. The effect and operation of the order dated 07.05.2019 shall remain stayed subject to depositing the amount by the petitioner employer, within a period of ten days with the Controlling Authority.