1. The issue raised in the aforesaid case is as to whether the pre - deposit indicated in the Payment of Gratuity Act, 1972 [for short “Act of 1972”] by the second proviso to sub-section (7) of S.7 is of the amount admitted by the employer or the amount due as per the order under challenge.

2. The facts in brief are that the 3rd respondent, who was an employee of the petitioner, retired on superannuation and was also paid the gratuity amounts. There was a dispute with respect to the gratuity payable, i.e., as to the years of service he had with the Organisation. While the management paid gratuity computing the same for 25 years of service, the employee claimed 29 years of service. The employee raised a claim before the Controlling Authority under the Act of 1972, which was allowed by Ext. P1 award, directing payment of Rs.33,369/-; after the deduction of the gratuity already paid.

3. Within the time provided under the Act of