MUNICIPAL COUNCIL Vs. CONTROLLING AUTHORITY

JUDGEMENT

(1.) Matter has come up on application U/Art.226 (3) of the Constitution for vacation of interim order passed by this court dt.14th November, 2008. But, with the consent of parties, it is finally decided at this stage.

(2.) Instant petition has been filed by Municipal Council, Beawar assailing order of appellate authority under Payment of Gratuity Act, Rajasthan, Jaipur on the premise that they failed to remove defects pointed out by the office on 5th June, 2007. Appeal itself was rejected on 8th June, 2007.

(3.) Respondent No.3 filed application for grant of gratuity admissible to him under law before the Prescribed Authority under Payment of Gratuity Act, 1972 which was allowed vide Ann.7 against the said order, appeal was preferred by petitioner on 19th March, 2006. Office of the appellate authority for the first time pointed out defects in filing of appeal on 5th June, 2007 and without affording opportunity of hearing to the appellant to remove the defects. Appeal itself was rejected on 8th June, 2007.