Vijay Bishnoi, J. - (1.) THE petitioner, which is a company, registered under the provisions of Companies Act, 1956, has filed this writ petition while challenging the order dated 7.8.2013 (Annex. P/14) passed by the appellate authority, Payment of Gratuity Act 1972, Rajasthan, Jaipur and the order dated 21.10.2011 (Annex. P/10) passed by the Controlling Authority, Payment of Gratuity Act 1972. Brief facts of the case are that the respondent No. 3, Sandeep Bhatnagar was initially appointed on the post of Sales Assistant with the petitioner -company in the year 1993. The respondent No. 3 was thereafter promoted on the post of Sales Accountant w.e.f. 1.3.1995 and on the post of Sales Officer w.e.f. 1.8.2001 and was posted from head office Udaipur to Bhilwara office. The petitioner company thereafter promoted the respondent No. 3 on the post of Assistant Manager (Marketing) vide order dated 8.4.2006. The respondent No. 3 thereafter was promoted as Dy. Manager (Marketing) and he was transferred from Bhilwara to Mumbai w.e.f.
(2.) ON 12.4.2007, the respondent No. 3 while working on the post of Dy. Manager (Marketing), submitted his resignation and requested the petitioner -company to relieve him before 30th of June, 2007. On 1st of July, 2007, the respondent No. 3 handed over charge to one Shri Anil Jain and informed the petitioner -company through FAX and left the job of the company. When the petitioner -company did not pay the amount of gratuity to the respondent No. 3 payable upto 30th of June, 2007, the respondent No. 3 moved an application before the Controlling Authority, Payment of Gratuity Act Act, Udaipur and has raised a claim for payment of gratuity. The claim of the respondent No. 3 was contested by the petitioner -company, however, the Controlling Authority, Payment of Gratuity Act passed an order dated 21.10.2011 and accepted the claim of the respondent No. 3 and directed the petitioner -company to deposit gratuity amount to the tune of Rs. 88,846/ - along with interest at the rate of 9% per annum from 1.7.2007.
(3.) BEING aggrieved with the order dated 21.10.2011 passed by the Controlling Authority, Payment of Gratuity Act, the petitioner -company preferred an appeal before the Appellate Authority, Payment of Gratuity Act, Jaipur. The said appeal was dismissed by the Appellate Authority vide order dated 7.8.2013.;