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2002 Supreme(Cal) 437

PRANAB KUMAR CHATTOPADHYAY
GLOSTER JUTE MILLS LTD. – Appellant
Versus
DEPUTY SECRETARY, LABOUR DEPARTMENT – Respondent


Advocates Appeared:
DIPTI BHATTACHARYA, GITA MUKHERJEE, PARTHO BHANJA CHAUDHARY

PRANAB KUMAR CHATTOPADHYAY, J.

( 1 ) THE petitioner herein has challenged the decision of the Appellate authority dated March 5, 2002 in respect of the Appeal filed by the petitioner herein under sub-section (7) of section 7 of the Payment of Gratuity Act, 1972. The Appellate Authority rejected the aforesaid appeal of the petitioner Company on the ground that the said Company did not deposit the entire amount of money as directed by the Controlling authority. From the said order dated March 5, 2002 passed by the Appellate Authority, it appears that the petitioner Company admittedly deposited the entire gratuity amount of Rs. 63,218. 00 although the interest amount of Rs. 6,322. 00 was not deposited. The petitioner company denied its liability to make payment of the interest with gratuity amount and as such deposited only the gratuity amount before preferring the Appeal before the Appellate authority. In terms of sub-section (7) of section 7 of the Payment of Gratuity Act any person aggrieved by the order of Controlling authority may prefer an appeal before the appellate Authority. However, no appeal by the employer shall be admitted unless at the time of preferring the appeal the a



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