ORDER

1. The petitioner-State in the instant petition calls in question the order dated 23.7.2020 (Annexure P-2) in Gratuity Appeal No.26/2020 passed by the appellate authority under the provisions of Payment of Gratuity Act, 1972 (for short "Act of 1972).

2. The case of the petitioner is that the respondent-employee filed an application under section 7 of the Act of 1972 claiming certain payment of gratuity. The petitioner- employer was proceeded ex-parte before the Labour Court and, thereafter, an order dated 7.1.2020 was passed directing the petitioner-employer to make payment of Rs.2,65,527/- as gratuity and interest of Rs.59,744/-.

3. The petitioner-employer filed an appeal under section 7(7) of the Act of 1972 before the appellate authority. When the matter was taken-up for hearing on 23.7.2020, it was found that as per the mandate of the second proviso of sub-section (7) of section 7 of the Act of 1972, the employer did not produce the certificate of the Controlling Authority to the effect that the employer has deposited the amount with the Controlling Authority equal to the amount of gratuity required to be deposited under sub-section (7) of section 7 of the Act of 1972 and, hence, the appeal was dismissed.

4. Learned counsel for the petitioner submits that the original order passed by the prescribed authority is dated 7.1.2020. The order of dismissal of the appeal is dated 23.7.2020. The amount, as was required to be deposited under the second proviso of sub-section (7) of section 7 of the Act of 1972, has admittedly been deposited on 6.9.2021 and, during the said period, the Hon'ble Supreme Court was pleased to extend the limitation in Writ Petition No.3/2020 dated 23.2.2020, wherein, the limitation was extended for all the proceedings with respect to the limitation prescribed under the general law or special law, whether, condonable or not. Lastly, he submits that the order of Hon'ble Supreme Court continued upto 28.2.2022.

5. Learned counsel for the respondent does not dispute the fact that the amount in question has already been deposited and he has received the said amount. It is seen that the Hon'ble Supreme Court has extended the period of limitation we.f. 15.3.2020 to 28.2.2022 and, therefore, the same would apply to the present case also.

Hence, when the amount has already been deposited, the petitioner- employer deserves appropriate condonation in making delayed payment of the said amount. Second proviso of sub-section (7) of section 7 of the Act of 1972 prescribes two stages when the said amount can be deposited. The first stage is at the time of filing of appeal and the second stage is during the pendency of appeal. The appellate authority could have given an opportunity to the appellant for depositing the said amount before dismissing appeal before itself. Accordingly, the delay is condoned. The order 23.7.2020 (Annexure P-2) passed by the appellate authority is set aside. The appeal is restored to its original number with a direction that the same be decided on merits by the concerned appellate authority expeditiously. It is made clear that this Court has not expressed any opinion on the merits of the case.

6. Petition is disposed of accordingly.