JUDGMENT :

Raja Basu Chowdhury, J:

1. The present writ application had been filed, inter alia, challenging the order dated 21st September, 2021, passed by the Controlling Authority under the Payment of Gratuity Act, 1948 (hereinafter referred to as the “said Act”), and the order dated 29th July, 2022, passed by the Appellate Authority constituted under the said Act.

2. The petitioner says that the petitioner had engaged the respondent no. 4 from time to time, on no-work-no-pay basis. The respondent no. 4, however, with a malafide intention on 12th December, 2019 had filed an application in Form-‘N’ before the Controlling Authority claiming gratuity. The proceeding was contested by the petitioner and on contested hearing, the Controlling Authority by his order dated 21st September, 2021, was, inter alia, pleased to determine the gratuity payable to the respondent no. 4. Challenging the aforesaid order, a statutory appeal was filed before the Appellate Authority under the said Act.

3. The Appellate Authority, however, by its order dated 29th July, 2022, was, inter alia, pleased to uphold the findings passed by the Controlling Authority and declared that the respondent no. 4 is entitled t