K.M. Thaker, J.—Heard Ms. Jyoti Mehta learned Advocate for Mr. Rawal learned Advocate for petitioner and Mrs. Shaikh learned Advocate for respondent.

2. Rule. Ms. Jyoti Mehta learned Advocate for Mr. Rawal learned Advocate for the petitioner waives service of rule and Mrs. Shaikh learned Advocate waives service of notice of rule for the respondent. At the request and with the consent of the learned advocates, this petition is taken up for final disposal today.

3. In this petition the petitioner has brought under challenge order dated 29.6.2007 passed by the controlling authority in gratuity Application No. 16 of 2007 and has also brought under challenge order dated 19.2.2008 passed by the appellate authority in gratuity Appeal No. 57 of 2008. By the said order the appellate authority has rejected appeal and confirmed the order passed by the controlling authority.

4. By the impugned order dated 29.6.2007 the controlling authority came to the conclusion that the applicant viz. present respondent was entitled to receive Rs. 3,50,000/- towards gratuity whereas he was paid only Rs. 3,14,091/- towards gratuity by present petitioner. The controlling authority also came to the conclus