ZONAL MANAGER MAHARASHTRA STATE CO OPERATIVE COTTON GROWERS MARKETING FEDERATION LTD AMRAOTI Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972

JUDGEMENT

(1.) In an appeal preferred under sub-section (7) of Section 7 of the Payment of Gratuity Act, 1972, the petitioner - appellant had deposited the amount of gratuity determined by the Controlling Authority. However, by impugned order dated 15.01.2009 passed by the Appellate Authority, the petitioner is directed to make the payment of interest also as a condition precedent before proceeding to consider the appeal on its own merits. Hence this writ petition.

(2.) Section 7 (4) (a), (b) and (c) and sub-section (7) of the Payment of Gratuity Act being relevant are reproduced below:

(3.) In the result, the writ petition is allowed. The order dated 15.01.2009 passed by the Appellate Authority under the Payment of Gratuity Act, is hereby quashed and set aside. The Appellate Authority is directed to decide the appeal on its own merits in accordance with law if it is not decided earlier. No order as to costs.