CHANDRACHUD D. Y, J.

( 1 ) THE Central Regional Labour Commissioner acting as Appellate Authority under the Payment of Gratuity Act, 1972, allowed an appeal against an order of the Controlling Authority. As a result of the decision of the Appellate Authority, the claim of the petitioner for the payment of gratuity stands dismissed. The Appellate Authority has held that (i) Inasmuch as the petitioner had been posted at Belgaum in the State of karanataka, prior to an order transferring him to Sangli, the Adjudicating authority in Maharashtra would have no jurisdiction; (ii) The claim for the payment of gratuity is barred by limitation; and (iii) Though the petitioner had resigned from service and there was no termination of his services for any misconduct causing damage or loss to, or the destruction of the property belonging to the employer, the forfeiture of gratuity was justified. For the reasons indicated in the judgment hereinafter, I have come to the conclusion that the order passed by the Appellate Authority is unsustainable and that the petition has to be allowed.

( 2 ) THE petitioner joined the respondent which is a Scheduled Bank, on 28th May, 1991. On 3rd May, 1994