APPEAL AGAINST THE ORDER

APPEAL AGAINST THE ORDER OF THE CONTROLLING AUTHORITY

• Deposit of gratuity is mandatory for filing of appeal against the order of Controlling Authority.

Onward Trading Company, Madras v. Dy. Commissioner of Lilbour, Madras, 1990 LLR 28 (Mad HC).

• Employer preferred the appeal within time but without either producing the certificate of deposit of gratuity amount as awarded by the Controlling Authority under section 7(4) of the Act. The Appellate Authority ordered the appeal to be consigned as it was not in accordance with law - Writ Petition - Praying permission to deposit the amount and for admission and decisions of appeals on merit - Prayer allowed - Suitable directions given for deposit of gratuity as ordered by the Controlling Authority.

Sahakari Canna Vikas Samiti Ltd. Baitalpur, Distt. Deoria through its Secretary v. The Controlling Authority under Payment of Gratuity Act-cum-Dy. Labour Commissioner, Gorakhpur, (1993) 67 FLR 99: (1993) II LLJ 1108: 1993 LLR 448 (All HC).

• Filing of an appeal against the order of an authority under the Act, after the prescribed period of limitation will not be maintainable.

Shri Gurudev Ayurved Mahavidalaya Gurukul Ashram v. Madhav, 1994 LLR 894: 1994-11 LLN 552 (Born He).

• The Appellate Authority cannot condone the delay beyond 120 days of the order of the Controlling Authority under the Act.

Western Coalfields Ltd. v. Controlling Authority, 2000 UC 3458: (2000) 86 FLR 312: (2000) 4 LLN 500: (2000) II LLj 965: 2000 LLR 881 (MP HC),

• An appeal will lie against the Controlling Authority if the interest amount over the gratuity has not been deposited by the employer.

Gloster Jute Mills Ltd. v. Deputy Secretary, Lobour Department, (2002) 3 CLR 393: (2003) 1 LLN 215: 2002 LLR 1215 (Cal He).

• An appeal against the Controlling Authority under Payment of Gratuity Act . shall not lie after 120 days.

Warangal Dist. Coop. Society Ltd., Warangal v. Appellate Authority under Payment of Gratuity Act, 1972/Dy, Commissioner of Lobar, Warangal, (2002) 101 FJR 192: (2003) 1 LLN 976: 2003 LLR 242 (AP HC).

• For filing of an appeal by the employer ag~inst the order of Controlling Authority, deposit of gratuity as awarded by the Controlling Authority is a condition precedent hence High Court directed the employer to deposit the granting amount as quantified by the Controlling Authority.

Christian Medical College and Hospital, Vel/ore v. Deputy Commissioner of lAbour (Appeals), Chennai, (2003) 3 CTC 158: (2003) 2 MLJ 793: (2003) III LLJ 650: 2003 LLR 1017: 2003 (98) FLR 1153 (Mad HC).

• For filing an appeal by an employer against the order of the Controlling Authority, the amount of gratuity as directed must be deposited since it contains a condition precedent under the Payment of Gratuity Act.

Indian Red Cross Society v. Vidyaben H. Vyas, (2004) 1 LLI 802: 2004 LLR 288: 2004 (100 FLR 511 (Guj HC).

• An appeal against the order passed by the Controlling Authority can be filed within a period of 60 days and can be extended after condonation of delay by an other 60 days e.g. in all, within 120 days and not beyond that period since no further condonation of delay is permissible in the absence of applicability of the Limitation Act to the provisions of Payment of Gratuity.

Indian Red Cross Society v. Vidyaben H. Vyas, (2004) 1 LLI 802: 2004 LLR 288: 2004 (100) FLR 511 (Guj HC).

• While Iiling of an appeal against the Controlling Authority awarding gratuity, the employer will be liable to deposit the amount of gratuity and not the interest thereto.

Standard Stoneware, and Tiles v. Appellate Authority, (2004) III eLR 204: (2004) III LLI 403: 2004 LLR 724 (Ker HC).

• The Appellate Authority under the Gratuity Act can condone the delay of 60 days when there is a sufficient cause.

Commanding Officer, Naval Base v. The Appellate Authority under the Payment of Gratuity Act, 2004 LLR 1044 (Ker HC).

• On appeal against the order of the Controlling Authority, the appellant has to deposit the entire amount of gratuity as directed.

Process Pumps (Pvt.) Ltd., Bangalore v. The Deputy Labour Commissioner, Region If Bangalore, 2006 LLR 391 (Kam HC).

• Appellate Authority under Gratuity Act cannot waive the condition precedent for depositing the determined amount.

Prakash Rao v. Appellate Authority under Payment of Gratuity Act, Hyderabad, 2008 LLR 876 (AP HC).

• Condonation of delay for filing appeal after 120 days of order of Controlling Authority not permissible.

Indian Bank through Assistant General Manager v. Baba Sakharam Kharbade, 2008 LLR 921 (Born HC).