- (1.) Debasish Kar Gupta, J.
(2.) The subject matter of challenge involved in the writ application was that the controlling authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the said Act, 1972) failed to take into consideration the provisions of clause 25 of a memorandum settlement while disposing of the claim for payment of gratuity of the appellant-workman on March 10, 2015. The learned Single Judge after hearing the writ petition passed an order granting liberty to the respondent-company to prefer an appeal before the statutory appellate authority within August 21, 2015 on depositing of 50% of the amount ordered by the controlling authority in its impugned order dated March 10, 2015.
(3.) It is submitted by Mr. Rananeesh Guha Thakurta, learned Advocate appearing on behalf of the appellant, that under the provisions of 2nd proviso to sub-section (7) of Section 7 of the said Act, 1972, no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant had deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4) or deposits with the appellate authority such amount. Therefore, granting liberty to the respondent-company to prefer an appeal even beyond the period of limitation as specified in subsection (7) of Section 7 of the said Act, 1972 that too upon depositing of 50% of the amount ordered by the controlling authority in its impugned order cannot be sustained in law.;