MANISH PITALE
Gajanan Vithoba Jain – Appellant
Versus
Shiv Vaibhav College Of Education, Wardha – Respondent
JUDGMENT
Manish Pitale,J. - Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the rival parties.
2. The petitioner, who was an employee of the respondent - Management running a College, is before this Court, challenging order dtd. 26/10/2021, passed by the Appellate Authority under the provisions of the Payment of Gratuity Act, 1972, whereby an order of the Controlling Authority was set aside and the matter stood remanded back to the Controlling Authority for fresh consideration and disposal of the application filed by the petitioner for payment of gratuity in terms of the provisions of the said Act.
3. The question that arises for consideration in the present petition is, as to whether the Appellate Authority has the jurisdiction to pass an order of remand under Sec. 7(8) of the aforesaid Act, considering the specific words used in the said provision as regards the power of the Appellate Authority being to "confirm", "modify" or "reverse" the decision of the Controlling Authority.
4. The facts of the present case are in a narrow compass. On 01/02/2019, the petitioner had filed an application under Ss. 4 and 7 of the aforesaid A
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