Back
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Aadmi Jati Seva Sahakari Maryadit Through Its Plrabandhak – Appellant
Versus
Appellate Authority Payment Of Gratuity Act And Labour Commissioner – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1] This order shall also govern the disposal of the connected batch of writ petitions, regard being had to the similitude of the issue involved.
2] This petition has been filed against the order dated 10.10.2024, passed in Gratuity Appeal Case No.177/2024, by the Appellate Authority, Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act of 1972’), whereby the petitioner’s appeal has been dismissed on the ground of non-compliance of Section 7(7) of the Act of 1972, which provides for deposition of an amount equal to the amount of gratuity required to be deposited under Sub-Section (4).
3] A preliminary objection has been raised by the respondent No.3, contending that the petition is not maintainable, as the Appellate Authority has rightly passed the order directing the petitioner to comply with the mandatory provision of pre-deposit, and in the absence of the same, the order has been passed, and in such circumstances the petitioner cannot assail the aforesaid order, as also the original order dated 16.07.2024, whereby, it has been directed to pay a sum of Rs.10,64,000/- towards payment of gratuity.
4] The prayer is vehemently opposed by Shri Amay
Pre-deposit of gratuity amount mandatory under Section 7 for appeals; prior binding precedent upholds requirement.
A secured creditor cannot be deemed an employer under the Payment of Gratuity Act, thus exempting them from the pre-deposit requirement for appealing a gratuity claim.
The pre-deposit for appeals under the Payment of Gratuity Act relates to the adjudicated amount, not merely to the admitted amount paid.
Point of Law- It is fundamental rule of interpretation that courts would not fill up the gaps in statute, their function being jus discre non facere i.e. to declare and decide law. The aforementioned....
Employers must comply with statutory deposit requirements before appealing against gratuity determinations; failure to deposit the determined amount renders the appeal inadmissible.
Relief need not be denied on technical grounds, and the court may grant an opportunity to produce necessary evidence before the appellate authority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
