M.N.BHANDARI,J. - (1.) By this petition, a challenge is made to the order dated 23rd February, 2015 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 so as the order dated 3rd November, 2015, passed by the Appellate Authority.
(2.) Learned counsel submits that the controlling authority under Payment of Gratuity Act, 1972 had no jurisdiction to accept the application as the petitioner is a cooperate society governed by the Rajasthan Cooperate Societies Act, 2001 (in short "the Act of 2001"). The remedy is provided under the Act of 2001 itself thus impugned orders passed by the controlling authority so as appellate authority are without jurisdiction.
(3.) It is further submitted that during pendency of the application before the controlling authority, the due amount of gratuity was paid to the employee yet interest @10% has been imposed on the delayed period. It is in ignorance of the financial condition of the society. It runs on "no profit no loss" basis thus at times, it becomes difficult to make due amount in time thus the interest should not have been imposed on the society. In view of aforesaid, impugned orders deserve to be set aside.;