PRATHAMA U.P. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Dharmendra Vaish, learned counsel for the petitioner, Ms. Jyotsana Srivastava, learned counsel appearing for respondent nos.1, 2 and 3 and Sri Sandeep Kumar, learned counsel for respondent no.4.

(2.) The present petition has been filed seeking a direction to the Appellate Authority constituted under the Payment of Gratuity Act, 19721 to accept the bank guarantee furnished by the petitioner-bank in lieu of the deposit to be made as a pre-condition for filing of an appeal under Section 7(7) of the P.G. Act, 1972.

(3.) Briefly stated the facts of the case are that upon an application filed by the fourth respondent under sub-rule (1) of Rule 10 of the Payment of Gratuity (Central) Rules, 19722 alleging that he had not been paid due amount of gratuity by the Prathama Bank, Head Office, Ram Ganga Vihar, M.D.A, Moradabad (petitioner herein) an order dated 12.03.2019 was passed by the Controlling Authority under the P.G. Act, 1972/Assistant Labour Commissioner (Central), Bareilly allowing the application and issuing a direction to the Prathama Bank to pay the balance amount of gratuity together with interest to the fourth respondent.