Subhash B. Adi, J

This writ petition is directed against the order passed by the first respondent dated 31.1.2007, allowing the appeal of the legal representatives of the deceased respondent No.2.

2. The deceased respondent had filed an application before the Controlling Authority interalia, claiming for payment of gratuity, alleging that, he had worked for 37 years continuously and he is entitled for gratuity amount of Rs. 2,64,239/- and out of which balance of Rs.1,50,050/- is not paid.

3. The Controlling Authority after hearing both the parties found that the claim petition is not accompanied by the application for condonation of delay, nor the claim petition shows any sufficient cause for making delayed claim. The said order of the Controlling Authority was called in question by the legal representatives of the deceased workman. The Appellate Authority allowed the appeal holding that no separate application is necessary for condoning the delay and observed that the Controlling Authority has power to condone the delay. Accordingly, allowed the claim petition and directed the Corpor- ation to pay the balance of the claim to the fine of Rs.57,483/­along with interest.

4. Lea