Hon’ble Pankaj Mithal, J.—Heard Sri Y.S. Sachan, learned counsel for the petitioner and perused the pleadings exchanged between the parties.

2. The order dated 22.5.2012 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter Act only) is under challenge in this writ petition.

3. The respondent No. 1 Brij Kishore was an employee of the Nagar Nigam, Kanpur. He worked there from 18.5.1956 to 30.6.1995 and retired after putting in total service of 39 years one month. At time of his retirement he was drawing salary of Rs. 3,533/- including D.A. etc. He claimed gratuity of Rs. 69,090/- on his retirement but the Nagar Nigam paid Rs. 51,035/- only. Therefore for the balance amount of Rs. 18,055/- he approached the Controlling Authority under the Act.

4. The matter was contested by the Nagar Nigam but after filing reply, it failed to appear before the Controlling Authority. Thus, the Controlling Authority by the impugned order on the basis of the pleadings of the parties and the evidence adduced by respondent No. 1 ordered for payment of the balance gratuity of Rs. 18,055/- to him with 6% interest from the date of retirement till its payment.

5. In