( 1 ) THIS writ petition is by the Regional provident Fund Commissioner, bangalore, praying for quashing the order of the Assistant Labour commissioner (Central) allowing the application of the third respondent for payment of gratuity under the Payment of Gratuity act ('the Act' for short) which order has been confirmed by the appellate authority functioning under the Act.

( 2 ) THE facts of the case, in brief, are as follows: The third respondent was working as an Upper Division Clerk on - the stablishment of the Regional Provident Fund commissioner, Bangalore. After putting in about 9 years and 9 months of service commencing from 20. 6. 1972, he resigned from service with effect from 3. 3. 1982. Thereafter on 14. 6. 1982, he made an application before the Assistant labour Commissioner (Central) under the provisions of the Act praying for the issue of a direction to the petitioner to pay gratuity calculated at the rates prescribed under the Act. That application was allowed by the second respondent by his order, copy of which is produced as Annexure-E. The petitioner preferred an appeal before the appellate authority functioning under the Act under section 7 (7) of