( 1 ) HEARD learned Advocate mr. Mehui Sharad Shah for petitioner - Nagarpalika.

( 2 ) BY way of present petition, the petitioner has challenged the order passed by Controlling Authority dated 6. 3. 2009 in Gratuity Application No. 98 of 2008 and also the order passed by appellate Authority, Baroda dated 7. 9. 2009.

( 3 ) THE Controlling Authority has directed to present petitioner to pay difference of gratuity amount of rs. 60,494/- and on delayed payment of gratuity amount with 10% simple interest within a period of 30 days from date of receiving the order of controlling Authority.

3. 1 The appellate Authority has also not entertained the appeal because no amount is deposited along with appeal before Controlling Authority by petitioner. Therefore, appeal came to be disposed of because pre-condition for filing appeal is not complied with by petitioner.

( 4 ) LEARNED Advocate Mr. Shah has raised number of contentions before this Court being a public Authority. The respondent No. 1 was retired on 30. 6. 2003 as a Clerk of Tax Department on attaining the age of superannuation. The petitioner had paid amount of gratuity of Rs. 1,13,381/- in the year 2005 by two install