K V RAMA RAO Vs. PRASHANTH THEATRE

JUDGEMENT

(1.) THIS writ petition is filed challenging the order dated 28. 2. 2006 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') produced at Annexure J.

(2.) PETITIONER herein had filed an application for payment of gratuity under the provisions of Section 7 of the Act. The Assistant labour Commissioner and Controlling Authority for Payment of gratuity, Division-I, Bangalore by order dated 10. 11. 2004 directed the respondent to pay gratuity as determined within 30 days failing which pay 10% interest on the same.

(3.) THE order of the Assistant Labour Commissioner and controlling Authority for payment of gratuity was called in question in W. P. No. 18690/2005 on 26. 7. 2005. This Court by order dated 8. 12. 2005 dismissed the said writ petition on the ground that an appeal is provided under Section 7 (7) of the Act. However this Court gave liberty to the respondent to file an appeal and observed that the time spent in prosecuting the writ petition be excluded in computing the limitation.