SPECIAL OFFICER KANNIYAKUMARI DISTRICT CO OPERATIVE PRINTING WORKS LIMITED THUCKALAY Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT TIRUNELVELI

JUDGEMENT

(1.) THE Order of the Court was as follows : This writ petition has been preferred against the order of the first respondent Appellate Authority constituted under the provisions of the Payment of Gratuity Act, 1972,

(2.) A reading of the second proviso makes it clear that in order to entertain an appeal by an employer under the said provision, the deposit of the amount ordered by the Controlling Authority is mandatory. Sub-section (7) stipulates that any person aggrieved by an order made under Section 4 can prefer the appeal within 60 days and the first proviso to sub-section (7) provides for further period of 60 days within which if the appeal had been filed with sufficient explanation for not preferring the appeal within the first period of 60 days, the appeal could be entertained. But in either case, if the deposit of the amount ordered by the Controlling Authority is not made as provided under the second proviso to sub-section (7) or the first proviso to the sub-section, there would be no scope for the first respondent to entertain the appeal. Admittedly, the petitioner has not deposited the amount ordered by the Controlling Authority within the said period of 120 days as provided under sub-section (7).