EAST INDIA COMMERCIAL COMPANY LIMITED Vs. APPELLATE AUTHORITY
LAWS(APH)-1992-12-13
HIGH COURT OF ANDHRA PRADESH
Decided on December 18,1992

EAST INDIA COMMERCIAL COMPANY LIMITED, LESSEE OF SRI KRISHNA JUTE MILLS, ELURU, W.G.DIST Appellant
VERSUS
APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, ELURU Respondents

JUDGEMENT

- (1.)The petitioner challenges the validity of the order passed by the 1st respondent in P.G.A.case No: 1/89 (File No.4741/89) dated: 7-10-1989. The Petitioner is the employer of the 3rd respondent - employee. It appears the 3rd respondent resigned from service of the petitioner on 31-10-1987. Thereafter the 3rd respondent applied to the 2nd respondent for payment of gratuity. The 2nd respondent rejected the claim of the 3rd respondent who then carried the matter in appeal before the 1st respondent. By the impugned order dt. 7-10-89 the 1st respondent allowed the appeal and remanded the matter for fresh disposal in accordance with law, having regard to the contentions raised before him, as to how many years of service the 3rd respondent had put in the employment of the petitioner.
(2.)Sri P. Ramachandra Reddy, learned counsel for the petitioner, submits that section 7(8) of the Payment of Gratuity Act 1972 (hereinafter referred to as 'the Act') does not empower the 1st respondent to remand the matter. He should have either confirmed the order, or modified/referred it. But there is no power to remand in the appellate authority. Learned Counsel for the 3rd respondent, on the other hand, contends that Section 7(8) of the Act is wide enough to vest power of remand with the appellate authority.
(3.)Having regard to the contentions raised by the learned counsel for the parties the short question that arises for consideration is whether the 1st respondent has power of remand under Sub-section (8) of section 7 of the Act.
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