Heard the learned counsel appearing for the respective parties.

2. The Appeal takes exception to the order dated 2nd November, 2007 passed by the learned Single Judge in Writ Petition No. 1946/2007 dismissing the Petitioner’s Petition thereby confirming the order dated 09/08/2007 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 in Appeal PGA No.CA/YDN/03/2007.

3. By the order dated 05/10/2006 the controlling Authority under the Payment of Gratuity Act, 1972 passed an order thereby directing the Petitioner Company to pay Respondent No.2 an amount of Rs.13,75,000/- by way and as a gratuity. The Petitioner challenged the aforesaid order before the Appellate Authority by filing an Appeal on 13/12/2006. However, the Petitioner deposited the amount of gratuity with the Appellate Authority on 12/03/2007. Respondent No.2 raised preliminary objection as to the maintainability of the Appeal on the ground of limitation. The Petitioner filed reply on 29/05/2007 to this Application. The Appellate authority by its order dated 09/08/2007 upheld the preliminary objection raised by the Respondent No.2 and held that the Petitioner has filed the Appeal after the expi