NARENDRA PAL SETH Vs. BAYNEE INDUSTRIES

JUDGEMENT

(1.) A judgment and order of the Hon'ble Single Judge dated February 18, 2025 in WPA 3101 of 2025, is under challenge in the instant appeal. The respondent No.1/writ petitioner/company, had challenged the following before the Hon'ble Single Judge in the said writ petition: (i) order dated May 25, 2022 passed by the Controlling Authority; (ii) order dated September 30, 2024 passed by the Appellate Authority; and (iii) orders dated October 28, 2022 and November 21, 2024 passed by the Certificate Officer.

(2.) In the order dated May 25, 2022, the Controlling Authority has held that the appellant/workman is entitled to payment of gratuity for 41 years of service; that the appellant would be entitled to Rs.7,35,038.00 plus interest admissible under Sec. 7(3A) of the Payment of Gratuity Act amounting to Rs.6,28,030.00, from April 17, 2014 to May 25, 2022, totalling a sum ofRs.14,13,068.00 . He has further directed that the sum of Rs.14,13,068.00 to be paid to the appellant, within 30 days. This order was challenged in the writ petition.

(3.) An appeal was preferred by the company against the order of the Controlling Authority dated May 25, 2022. The Appellate Authority has dismissed of the same by dint of its order dated September 30, 2024, for the reason inter alia that the company has not deposited the specified amount , that is the amount of gratuity as directed by the Controlling Authority (vide order dated May 25, 2022, in this case) in terms of Sec. 7(4) of the Payment of Gratuity Act, 1972, which is a statutory pre-condition for an appeal to be maintainable before the said Authority. This order has also been challenged before the writ Court.