- (1.) The Court : By consent of the parties the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 11th April, 2019 passed by a learned Single Judge in WP 528 of 2018 (M/s. Duckback Information System Pvt. Ltd. Vs. Union of India & Ors.). By the impugned judgment and order the learned Single Judge was pleased to dispose of the writ petition by interpreting the provision as contained under section 2(a)(i)(b) of the Payment of Gratuity Act, 1972 by observing as follows :- "Section 2(a)(i)(b) of the Act of 1972 must be construed to contemplate that when the establishment has operational branches in more than one state, the "appropriate Government" is the Central Government. In the present case, the petitioner has not been able to refute the contention raised by the private respondent no.4 that it is not at all carrying on any business activities either in Kolkata or in Pondicheri (presently known as 'Puducheri')." Consequently the learned Single Judge held as follows :- "For the reasons as aforesaid, I find that the respondent no.2, Deputy Labour Commissioner was absolutely correct to pass the impugned order setting aside the order dated October 30, 2017 passed by the respondent no.3. Accordingly, the writ petition, W.P. No. 528 of 2018 stands rejected. The respondent no.3 is directed to decide the claim case of the petitioner as expeditiously as possible preferably within a period of three months from the date of communication of this order."
(3.) The instant appeal has been preferred by the writ petitioner M/s. Duckback Information System Pvt. Ltd.;