M. Ramachandran, J.

The challenge in this Original Petition is against Ext. P7 order passed by the Appellate Authority under the Payment of Gratuity Act dated 4.11.2000. The Appellate Authority upheld the order of the Controlling Authority (District Labour Officer, Thodupuzha) whereunder it was ordered that the employee (4th respondent herein) is entitled to get Rs. 11,952/- as gratuity and interest at the rate of 10% from 1.4.1993. The petitioner, who is a reputed Ayurvedic Establishment, contends that the delay in filing the application by the employee, who was a salesman, has not been adverted to by the Appellate Authority, even though at the time of earlier demand, this Court had directed that this aspect also had to be taken notice of. The operative portion of the judgment in

"The management is at liberty to agitate the matter before the appellate authority on merits including the jurisdiction of the Controlling Authority under the Payment of Gratuity Act that the delay was not properly condoned."

2. The aspect of delay, as such is not seen specifically considered when the order was passed. Considering the circumstance that only a nominal balance amount is payable by