S.K. Dubey, J.

1. By this petition under Articles 226/227 of the Constitution of India, the petitioner has challenged the order (Annexure P-5) of the Controlling Authority under Payment of Gratuity Act, 1972 (for short the 'Act') directing the petitioners to pay the amount of gratuity of Rs. 8,625/-to respondent No. 4 earned by him during the period of his employment. This order was confirmed by the Appellate Authority under the Act, vide order dated September 6, 1991 (Annexure P-6) passed in Gratuity Appeal No. 6/BPL/90.

2. Facts giving rise to the petition are thus - The petitioner is an Engineering Industry engaged in manufacturing and sale of insulated material, Fibre Glass Engineering components etc. Respondent No. 4 was employed as a workman, who vide order dated August 2, 1986, was dismissed, after holding a domestic enquiry from service on a charge of misconduct under Clause 12(1)(m) of the Statutory Standing Orders, framed under M.P. Industrial Employment (Standing Orders) Act, 1961. Against the order of said dismissal the respondent No. 4 raised an industrial dispute which was referred for adjudication of Labour Court No. 2 at Bhopal, which is still awaiting its fin