ORDER

1. The petitioner/employer has filed the present petition challenging order dated 27.6.2019 passed by the Controlling Authority and order dated 20.10.2023 passed by the appellate authority under the Gratuity Act. 2. Brief facts of the case are that the respondent submitted an application before the Controlling Authority claiming gratuity amount of Rs.1,17,658/-. The said case was registered as Case No. 92/2012. The petitioner appeared and filed the reply by submitting that the respondent worked with it for a period of 10 years and his last wages was Rs.3625/-, therefore, Rs.18,822/- is payable to the respondent as a gratuity amount. The aforesaid amount was deposited by way of cheque. The aforesaid case was dismissed in default. Thereafter, the respondent filed an application under Order 9 Rule 9 of the C.P.C. Which came to be allowed and the case was restored to its original number. After restoration of the case, the petitioner submitted that the respondent was terminated from service and his case is pending before the competent court, therefore, at this stage, amount of gratuity cannot be ascertained.

3. Learned Controlling authority rejected the aforesaid c