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2000 Supreme(Mad) 1063

FAKKIR MOHAMED IBRAHIM KALIFULLA
Special Officer, Kanniyakumari District Co-Operative Printing Works Limited, Thuckalay – Appellant
Versus
Appellate Authority Under Payment of Gratuity Act, Tirunelveli and Others – Respondent


Appearing Advocates:John Sunderlal Suresh, S. P. Peppin Fernando, S. Rajendran, L. O. M. Magesh, R. Anthony Xavier, Advocates.

Judgment :-

The Order of the Court was as follows :

This writ petition has been preferred against the order of the first respondent Appellate Authority constituted under the provisions of the Payment of Gratuity Act, 1972,

"Any person aggrieved by an order under sub-section (4) may, within sixty days from the date of receipt of order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf :

Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days.

Provided further that no appeal ........"

A reading of the second proviso makes it clear that in order to entertain an appeal by an employer under the said provision, the deposit of the amount ordered by the Controlling Authority is mandatory. Sub-section (7) stipulates that any person aggrieved by an order made under Section 4 can prefer the appeal within 60 days and the first proviso to sub-section (7) provides for further period of 6

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