Hon'ble Attau Rahman Masoodi, J.—Heard Sri Ravi Prakash Gupta, learned counsel for the petitioner and Sri Kirti Kar Tripathi learned counsel for opposite party No. 3.

2. This writ petition filed under Article 226 of the Constitution of India has questioned the correctness of the judgement/order passed by the Controlling Authority in P.G. No. 19 of 2010 on 8.12.2015 whereby the claim of opposite party No. 3 for payment of gratuity to the tune of Rs. 45498/- alongwith 9% simple interest in the event of default to make the payment within a period of thirty days, was allowed.

3. The judgment/order passed by the Controlling Authority under Section 7 of the Payment of Gratuity Act, 1972, on being appealed before the appellate authority, has met with the fate of rejection by judgement and order dated 27.1.2017. Hence, this writ petition.

4. At the very outset, this Court is informed that the Act No. 47 of 2009 i.e. Payment of Gratuity Amendment Act, 2009 has already come to be challenged on the aspect of its validity before the Apex Court and the proceedings are pending. The issue of the length of service for which the payment of gratuity would be admissible is also said to be eng