JUDGMENT :

JAY SENGUPTA, J.

1. This is an application challenging the order of the Controlling Authority dated 23^rd December, 2022 and the order of the Appellate authority dated 09^th November, 2023.

2. Learned Counsel appearing on behalf of the petitioner has submitted and has relied on the written notes as follows. The Petitioner no. 1 being a non-profit, unaided, and self-financing institution affiliated to Baba Saheb Ambedkar Education University, has been constrained to approach this Court, inter alia, praying for setting aside of the order dated 23rd December, 2022 passed by the Controlling Authority under Payment of Gratuity Act, 1972 and Assistant Labour Commissioner, Balurghat, Dakshin Dinajpur as well as the order dated 9th November, 2023 passed by the Appellate Authority under Payment of Gratuity Act, 1972 (herein after referred to as "the said orders"). On 2th May, 2005, the Respondent no. 6 was engaged as a Lecturer in the Petitioner no. 1 College purely on contractual basis. The service of the Respondent no. 6 was renewed every year purely on contractual engagement basis as the affiliation of the College was and is still subject to yearly renewal. Every year the service of the respondent no. 6 was renewed purely on contractual basis until the respondent no.6 himself tendered his resignation from service on 15th February, 2016. Such registration was duly accepted by the College and mentioned in proceedings of meeting of Governing Body. Such acceptance of resignation was also conveyed to the respondent no. 6. However, soon after his resignation, he requested the college authority for re-engagement and on the request of the Respondent no. 6 and based on his declaration made on a non-judicial stamp paper on 3rd March, 2016, the College authority engaged him afresh only on humanitarian ground on and from 3rd March, 2016 provisionally and on purely temporary basis mentioned in proceedings of meeting of Governing Body. In the meantime, it was noticed that some of the members of the faculty of the petitioner college did not possess the educational qualifications required by National Council for Teacher Education (hereinafter referred to as "NCTE") and as such, vide a circular bearing Ref. No. 235/B.B.Ed./2012-13 dated 29th June, 2013, such members of the faculty were, inter alia, requested to either furnish a certificate of enhanced qualification suited with the NCTE norms, if any, or to submit their respective resignation letters. The Respondent No. 6 after perusal of such circular, had put his signature on the same on 1st July, 2013. As such, the Respondent no. 6 was made aware about the fact that he had to submit fresh certificate of enhance qualification as mandated by the NCTE norms. Time and again, the Respondent no.6 was given ample opportunity to submit such a fresh certificate. On having failed to do so, his contractual service was not extended after 30th June, 2020 and all the service benefits were disbursed in favour of Respondent No. 6. Challenging the action of the Petitioner No. 1 College for not extending his service beyond 30th June, 2020, the Respondent no.6 instituted a Writ Petition being, W.P.A. No. 11618 of 2021 before this Court, which, was ultimately dismissed on 17th September, with an observation that the Respondent No. 6 failed to upgrade himself as per NCTE norms and the remuneration for the period during which the contract was subsisting was cleared by the College. While dismissing the said Writ Petition, the Hon'ble Judge was also pleased to hold that the respondent no. 6 herein had suppressed the fact of tendering resignation in the Writ Petition. It is worth mentioning that the Controlling Authority was a party to such Writ Petition and, as such, had the knowledge of what transpired in such proceedings. Thereafter, the Respondent no. 6 filed an application under Rule 10 (1) of the West Bengal Payment of Gratuity Rules, 1973, before the Deputy Labour Commissioner, Balurghat, alleging non disburs