SOUMITRA PAL, J. - (1.) The facts are that the Controlling Authority under the Payment of Gratuity Act, 1972 (for short "the Act") on March 17, 2004 passed an order directing the petitioner company to pay a sum of Rs. 32,192/- as gratuity and Rs. 32,192/- as interest to the respondent No. 4. Dissatisfied, the petitioner for preferring an appeal had applied for , certified copy of the said order. After receiving ' the certified copy, the petitioner company preferred an appeal under Section 7(7) of the Act. The memorandum of appeal was submitted before the controlling authority. along with a cheque for Rs. 32,192/- being the amount determined by the said authority. The Controlling, authority refused to accept the same, insisted upon the payment of the entire gratuity along with the interest amounting to, Rs. 64,384/- and refused to grant the certificate which is a precondition for preferring an appeal by an employer under sub-section (7) of Section 7 of the Act.
(2.) The appellate authority under the Act: by its order dated August 31, 2004 did not admit the appeal. The said order is as under: "The instant appeal by the employer is not admitted for non-compliance of Section 7(7). of the Payment of Gratuity Act, 1972, that' is,- at the time of preferring the appeal the appellant employer has not produced a certificate of the controlling authority to the effect that the appellant has deposited with . him an amount equal to the amount of gratuity required to be deposited under sub-section (4) or deposited with the appellate authority such amount as directed by the controlling authority, i.e., Rs. 64,384/- (Rs. Sixty-four thousand three hundred eighty four only)".
(3.) The company sought for a review of the order dated August 31, 2004. The appellate authority by its order dated June 28, 2005 rejected the prayer for review. The said order is extracted hereunder: "The earlier order dated August 31, 2004 stand. The appellate authority has no power to segregate interest amount from gratuity as determined by the controlling authority. The review petition is rejected".;