NAPA AUTO FORGE PVT LTD Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT-CUM-DEPUTY LABOUR COMMISSIONER, FARIDABAD (HARYANA) AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, petitioner has assailed the order passed in Appeal No.25/2013 by the Appellate Authority under the Payment of Gratuity Act-cum-Deputy Labour Commissioner, Faridabad dated 28.02.2014 (Annexure P-12).

(2.) The respondent filed application before the Controlling Authority under the Payment of Gratuity Act, 1972. Controlling authority decided in favour of the respondent-workman that he is entitled to gratuity amount of Rs.64,615/- along with interest @ 9% per annum from the date of filing of the application till its realization. The petitioner feeling aggrieved by the order of controlling authority preferred an appeal before the Appellate Authority under the Payment of Gratuity Act, 1972 on 28.02.2014. Appellate Authority under the Payment of Gratuity Act, 1972 decided the petitioner's appeal only on the technicality to the extent that petitioner failed to deposit interest part also on determined gratuity amount of Rs.64,615/- which is pre-condition for filing an appeal before the Appellate Authority.

(3.) Learned counsel for the petitioner submitted that filing of an appeal against the order of the Appellate Authority under the Payment of Gratuity Act, 1972, it is a pre-condition for depositing gratuity amount and not for depositing interest under sub-section (7) of Section 7 of the Payment of Gratuity Act, 1972. Thus, the Appellate Authority has erred in holding that appeal is not maintainable for not depositing the interest portion as awarded by the controlling authority is liable to be set aside. In support of the petitioner's contention insofar as non-depositing of interest part at the time of filing of an appeal, learned counsel for the petitioner relied on reported decision, (Standard Stonewares and Tiles v. Appellate Authority, 2004 LabIC 3042).