- (1.) HEARD the parties.
(2.) IN writ petition the sole question falls for consideration is as to whether besides deposit of the amount equal to amount \.' payable to the employee by way of gratuity, deposit of interest on that amount is mandatory requirement of law for entertaining an appeal by the Appellate Authority. In the instant case, the respondent claimed gratuity from his employer Fertilizer Corporation of India Ltd. The controlling authority under the Payment of Gratuity Act passed final order holding that the employee is entitled to get gratuity amount of Rs. 46,804/ - from the Management, it was further held that since opposite parties did not pay gratuity to the respondent within the stipulated time, the employee is entitled for simple interest at the rate of 10% per annum on the gratuity amount.
(3.) AGGRIEVED by the said order, the petitioner -Management preferred appeal before the Regional Labour Commissioner (Central), Dhanbad being P.G. Appeal No. 14/1994. The Appellate Authority refused to admit the appeal on the ground that although the appellant deposited the gratuity amount but failed to deposit interest accrued thereon as held by the Controlling Authority.;