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2004 Supreme(Ker) 100

R.RAJENDRA BABU
Standard Storewares & Tiles – Appellant
Versus
The Appellate Authority – Respondent


Judgment :-

The question for consideration was whether the deposit of the entire amount directed to be paid U/s.7(4) (c) of the Payment of Gratuity Act (hereinafter referred to as the Act), was a condition precedent for admitting an appeal under Sec. 7(7) of the Act.

2. The petitioner establishment, Standard Stonewares and Tiles, Thaikkattukara, Aluva, was a unit of Sudarsan Clay and Ceramics Limited, Aluva. Respondents 2 to 15 were employees of the petitioner and they had retired from service. They were paid gratuity. Respondents 2,3 and 8 to 12 preferred claim before the Authority under the payment of gratuity Act, (for short, “the Authority”), claiming interest on the gratuity amount alleging delayed payment. Respondents 4 to 7 and 13 to 15 filed claim for arrears of gratuity with interest and also interest on the amount already paid on the ground of delay. The Authority allowed the claim made by R2 to R15 by Ext.P2 order. The petitioner filed an appeal before the Appellate Authority challenging the above order. They deposited the arrears of gratuity amount ordered to be paid by the Authority, but did not permit the amount ordered to be paid towards interest on the delayed payme





















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