GUJARAT STATE CO-OP. MARKETING FEDERATION LTD. Vs. CONTROLLING AUTHORITY APPOINTED UNDER PAYMENT OF GRATUITY ACT & ORS.

JUDGEMENT

(1.) Heard Mr. Joshi, learned advocate for the petitioner, Mr. Chauhan, learned advocate for the respondent No.3, and Mr. Barot, learned AGP for the respondent Nos.1 and 2.

(2.) In this petition, the petitioner has challenged order dated 30.9.2013 passed by the respondent No.2 appellate authority appointed under the provisions of the Payment of Gratuity Act, 1972 [hereinafter referred to as "the Act] in Gratuity Appeal No.36 of 2013. By the impugned order, the appellate authority has set aside the order passed by the controlling authority and directed the petitioner to pay Rs.5,01,993.60 towards gratuity to the respondent workman with interest at the rate of 10% to be calculated w.e.f. 9.6.2011.

(3.) Mr. Joshi, learned advocate for the petitioner, contends that the appellate authority has committed serious error of law and jurisdiction in setting aside the order dated 30.3.2013 passed by the controlling authority and has also committed serious error of law and jurisdiction in directing the petitioner to pay Rs.5,01,993.60 to the respondent towards gratuity with interest at the rate of 10%. According to the learned advocate for the petitioner, the appellate authority has exercised jurisdiction arbitrarily and without having regard to the facts of the case and also without having regard to the legal position and the provisions under the Act.