KAMAT HOTEL Vs. VAIKUNTA AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred calling in question the Order of the learned Single Judge dated 30.1.2015 in W.P. No. 1336/2007 (L -PG).

(2.) FACTS leading to filing of the instant writ appeal are, first respondent, an employee under the appellant -Hotel filed an application dated 9.6.2005 before the authority under the Payment of Gratuity Act, 1947 ('Act' for short) (second respondent), for determination and payment of Gratuity, contending inter alia that he had worked for a period of 25 years from 17.9.1990 to 31.1.2005 with the appellant and the appellant had failed to pay gratuity amount due to him. Appellant contested the application. After due consideration of material on record, vide order dated 17.4.2006, the second respondent held that the first respondent - employee was entitled for a gratuity of Rs. 1,05,288/ - with 10% interest p.a. Appellant challenged the said order before the second respondent/appellate authority, who by order dated 30.11.2006 allowed the said appeal, setting aside the order passed by the Controlling Authority. The said order passed by the Appellate Authority was challenged in a writ petition and the same was allowed by the learned Single Judge. Hence, this appeal.

(3.) LEARNED Counsel for the appellant contended that the employee - first respondent was entitled for only Rs. 34,693/ - towards payment of gratuity and the same has been paid. He submitted that the Controlling Authority under the Act had erroneously held that the employee was entitled for a gratuity amount of Rs. 1,05,288/ - and the same was rightly set aside by the Appellate Authority. However, the learned Single Judge without appreciating the material on record has restored the order passed by the Controlling Authority, even though the appellant had paid a sum of Rs. 34,693/ -, due and payable under the Act. Accordingly he prayed for allowing this appeal.