JUDGMENT :

RULE. Learned advocate Mr.Yogen Pandya waives service of notice of rule on behalf of the respondent No.1.

1. The instant petition is directed against the order dated 25.10.2019 passed by the Appellate Authority under the Payment of Gratuity Act, 1972, Jamnagar in Gratuity Appeal No.35 of 2019 preferred by the petitioner, whereby the appeal has been rejected.

2. Learned advocate for the petitioner has submitted that the appellate authority has misdirected itself in rejecting the appeal of the petitioner on the ground that the petitioner had not deposited the amount awarded by the controlling Authority. It is submitted that the Controlling Authority passed the order dated 15.04.2019 and a certified copy of the same was received on 25.04.2019. He has submitted that within a period 60 days, the petitioner had filed an appeal before the Appellate Authority on 20.06.2019 however, he was unable to deposit the amount awarded by the Controlling Authority as per the provision of Sub-section (7) of section 7 of the Payment of Gratuity Act, 1947. It is submitted that subsequently, petitioner deposited the amount awarded by the Controlling Authority on 08.07.2019 and a certificate of