M.S. Sonak, J.

1. Rule. With the consent of learned counsel for the parties, rule is made returnable forthwith.

2. The petitioner bank questions the orders dated 30 June 2004 made by the controlling authority, under the Payment of Gratuity Act, 1972 (said Act) and the order dated 4 September 2006 made by the appellate authority under the said Act, both of which, in effect, direct the petitioner bank to pay the respondent gratuity in an amount of Rs.1,15,869/- together with simple interest at the rate of 8% per annum from 28 September 2001, till date of payment.

3. The brief facts and circumstances in which the impugned orders came to be made are as follows:

(a) The petitioner terminated the services of the respondent, a bank clerk with effect from 28 September 2001 after charges of misappropriation of an amount of Rs.20,000/- were proved against him in a duly constituted departmental enquiry. On the date of termination, the respondent had put in over 24 years of service.

(b) On 6 March 2003, the respondent applied to the controlling authority, seeking directions against