Employers must comply with statutory deposit requirements before appealing against gratuity determinations; failure to deposit the determined amount renders the appeal inadmissible.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. The present appeals are directed against the order dated May 21, 2024, of the Hon’ble Single Judge, in the writ petitions No. WPA 14251 of 2024 and WPA 14512 of 2024. Those have been heard analogously and are being disposed of by dint of this common judgment.

2. The issue involved and determinable is with regard to the amount of statutory deposit to be remitted by the present appellant, before the statutory appellate authority, in case and when the appellant seeks to prefer a statutory appeal before the statutory appellate authority. The relevant facts culminating in to the instant appeals may be discussed in a nut-shell, before going into the disputed question of law.

3. The respondent No.5 [herein after mentioned as ‘the workman’], has been in employment with the appellant jute mill as budli workman, who were superannuated from the service on January 1, 2014. The respondent workmen say that they are entitled for payment of gratuity on their superannuation, though not paid by the appellant/jute mill. Therefore, they have approached the statutory authority for recovery of gratuity amount with interest, by filing applications under section 7 of the Payment of Gratuity Act, 1972 in statutory form in the year 2018.

4. The ‘controlling authority’ has passed its order on June 3, 2022, directing the appellant/jute mill to pay a total sum of Rs.3,92,932/-, including the gratuity and interest. Due to non-compliance of such direction by the present appellant, a certificate was issued against it under section 8 of the said Act of 1972, on October 28, 2022, to the tune of Rs.3,92,932/- and statutory interests. The same has been duly forwarded to the ‘certificate officer’, being the designated statutory authority, for recovery of the amount.

5. The respondents/workmen thereafter have filed writ petitions challenging the inordinate delay and inaction on part of the said statutory authority, to execute the certificate. During hearing of the writ petitions the present appellant has submitted about pendency of a statutory appeal against the determination of the amount of gratuity and interest. Hence, the Court in its order dated October 11, 2023, has disposed of the writ petitions directing the appellate authority, Howrah to dispose of the appeal within 2 months.

6. The appellate authority’s order is dated March 20, 2024, by dint of which the said appellate authority has dismissed the appeal, filed before it by the present appellant/jute mill on the ground inter alia that the present appellant/jute mill has not deposited the stipulated amount of money as per section 7(4) of the Act of 1972, at the time of filing the appeal. It is beneficial for discussion that the said order be quoted, as herein below:

“Order dated: 20.03.2024

The Appellant is present in today's hearing through their authorized representative after filing authorization letter which is accepted and filed. All the above-mentioned appeal petition is heard & considered. The instant appeal petition filed by the Appellant is not inconformity with the provisions of section 7 of the Payment of the Gratuity Act., 1972 which states inter alia:

"(7) Any Person aggrieved by an Order under Sub-Section (4) may..............................................................................................

Provided further that no appeal by an Employer shall be admitted unless a