PRAKASH RAO Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) IN these two Writ Petitions, similar questions fall for consideration, though one arises out of an appeal preferred under the provisions of the Payment of Gratuity Act, 1972 (for short "the Gratuity Act") and the other under the a. P. Shops and Establishments Act, 1988 (for short "the Shops Act" ).

(2.) THE petitioners, in both the Writ Petitions, are the employees of private establishments.

(3.) THE petitioner in W. P. No. 16035 of 2007 was employed as a Manager in the cement Manufacturers Association. After rendering service for about 13 years, he submitted his resignation. Alleging that his employer did not pay the gratuity due to him, he approached the authority i. e. Assistant Commissioner of labour-III, Hyderabad, under the Gratuity Act. Through an order, dated 19. 02. 2007, the authority directed the employer of the petitioner i. e. , the 2nd respondent in the writ petition, to pay a sum of Rs. 2,58,977/ -. Aggrieved thereby, the 2nd respondent filed an appeal P. G. A. No. 2 of 2007 before the appellate authority-cum-Deputy Commissioner of Labour, Hyderabad Twin Cities. He also filed P. G. M. P. No. 5 of 2007 with a prayer to stay the operation of the order passed by the Assistant Commissioner of Labour. On 03. 05. 2007, the appellate authority passed an order directing stay of all further proceedings, including execution. The grievance of the petitioner is that though under sub-section (7)of Section 7 of the Gratuity Act an appeal shall not be numbered, unless the amount determined by the primary authority is deposited, the appellate authority had entertained the appeal and registered it on payment of Rs. 92,000/-, as against Rs. 2,58,977/ -.