The court underscores the right to be heard and the timely filing of appeals under the Payment of Gratuity Act.

JUDGMENT The petitioner suffered Ext.P7 order of the Controlling Authority under the Payment of Gratuity Act, 1972 (in short ‘the 1972 Act’) in respect of a claim raised by the 4^th respondent herein. According to the petitioner, the notice of the proceedings was not served on the petitioner and the petitioner became aware of the proceedings only when Ext.P2 show cause notice was issued to the petitioner. It is submitted that the petitioner received a copy of the order of the Controlling Authority on 02.03.2026 and the petitioner has now preferred an appeal before the Appellate Authority. It is submitted that going by the provisions of Section 7 (7) of the 1972 Act, an appeal has to be filed within a period of 60 days from the date of receipt of a copy of the order. It is submitted that in the facts and circumstances noticed above, the appeal was filed in time and may be directed to be considered and disposed of, in accordance with the law. It is submitted that the recovery proceedings may be kept in abeyance till a decision is taken by the Appellate Authority.

2. Heard the learned Government Pleader also.

3. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the opinion that this writ petition can be disposed of without notice to the 4^th respondent as no order to the prejudice of the 4^th respondent is being issued by this Court. It is the specific case of the petitioner that he had not received notice of the proceedings before the Controlling Authority. It is seen from Ext.P3 that according to the petitioner, the notice in the proceedings before the Controlling Authority was addressed to the Director, National Public School and there is no such person by designation. It can also be seen from Ext.P3 that the petitioner has a case that he has valid contentions to be raised against the claim for gratuity raised by the 4^th respondent. It is also the specific case of the petitioner that he received a copy of the order of the Controlling Authority only on 02.03.2026.

4. Taking all the aforesaid aspects into consideration, this writ petition will stand disposed of directing the Appellate Authority to consider and pass orders on Ext.P8 appeal, after affording an opportunity of hearing to the petitioner and to the 4^th respondent, within a period of three months from the date of receipt of a certified copy of this judgment. It is made clear that if the petitioner is required to make any deposit for the purposes of maintaining the appeal, the said deposit shall also be made by the petitioner in terms of 2^nd proviso to Section 7 (7) of the 1972 Act. If the petitioner makes the deposit as contemplated by the provisions of 2^nd proviso to (7) of the 1972 Act, within a period of two weeks from today (05.03.2026), the recovery proceedings initiated against the petitioner shall be kept in abeyance till the appeal is decided by the Appellate Authority.

The writ petition is ordered accordingly.

Sd/-