1. This writ petition is filed under Article 226 of the Constitution of India wherein the order dated 24.05.2018 passed in P.G. Appeal No.16/2018 arising out of Application No.36/(14)/2016.E.6 is under challenge, whereby and whereunder the appeal preferred by the respondent- Damodar Valley Corporation before the appellate authority under the provision of Section 7(7) of the Payment of Gratuity Act, 1972 has been allowed by which the order passed by the controlling authority under Sections 7(2) and 7(3) of the Act, 1972 read with sub Rule 1 of Rule 10 of the Payment of Gratuity (Central) Rules, 1972, has set aside.

2. The brief facts of the case of the petitioner is that he has joined service as Seasonal Message Assistant on 01.06.1978 and continued on the said post for a period from 01.06.1978 to 31.10.2004 and thereafter on 20.05.2005, was appointed as Junior Clerk-cum-Typist at Grid Operation and Maintenance Department-II, Damodar Valley Corporation, Maithan, and superannuated from service on 31.01.2014.

The grievance of the petitioner that although he has performed his duty for a period of 20 years under the respondents but the gratuity of said period has not been paid a