H.K. Rathod, J.

Heard learned Advocate Mr. R.S. Sanjanwala on behalf of Petitioner.

2. The Petitioner Rajnagar Textile Mills Ltd has challenged order passed by Controlling Authority (Central) under Payment of Gratuity Act, 1972 dated December 16, 2008 in application No. 48(11)/2008 and also challenging order passed by Appellate Authority (Central) under Payment of Gratuity Act being appeal No. 48(2)/2008 dated June 10, 2008.

3. The Controlling Authority directed to Petitioner to pay Rs. 3,50,000/- + 10% simple interest from date of superannuation of Respondent dated May 31, 2008 till date of payment. The Appellate Authority has dismissed appeal preferred by Petitioner.

4. Learned Advocate Mr. Sanjanwala submitted that Respondent, who was working as Store Officer superannuated on May 31, 2008. Since CBI filed case against Respondent being RC/2/1988, amount of gratuity was not paid to Respondent. The Controlling Authority has granted gratuity amount which confirmed by Appellate Authority and at the time of filing appeal before Appellate Authority, Petitioner has deposited said amount as per order passed by Controlling Authority before Appellate Authority. The only contention ra