The General Manager Region , Food Corporation Of India v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1793 of 2017 In Civil Writ Jurisdiction Case No. 620 of 2016 ====================================================== The General Manager ( Region ), Food Corporation Of India, Regional Office, Arunachal Building, Exhibition Road, Patna- 800001. .... .... Appellant/s

Versus

1. The Union of India through the Secretary, Ministry of Labour & Employment, New Delhi.

2. The Regional Labour Commissioner, (Central), Patna-Cum-Appellate Authority under the Payment of Gratuity Act, 1972 Mauryalok Complex, 2nd Floor, Patna- 800001

3. The Assistant Labour Commissioner, (Central), Patna-Cum-Appellate Authority under the Payment of Gratuity Act, 1972 Mauryalok Complex, 2nd Floor, Patna- 800001

4. Shree Ram Krishna Prasad, Ex. Manager (Accounts), Resident of Mission Compound, Purvi Dahiyama, P.O. Head Post Office, Chhapra, District- Saran 811301 .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. P. K. Verma, Sr. Advocate Mr. Suman Kumar Jha, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-01-2018 Having heard Mr. P.K. Verma, learned senior counsel for the appellant, and on considering the second proviso to Section 7 of the Payment of Gratuity Act, 1972, we find no error in the order passed by the learned Writ Court in refusing to make indulgence into the matter. The appeal filed by the appellant herein was not complete, as the deposit, contemplated under Proviso to Sub-Section 2 of Section 7 of the Act i.e. the amount

Patna High Court LPA No.1793 of 2017 (3) dt.29-01-2018 2/2 determined by the controlling authority under Section 7(4)(c), interest was not deposited along with the appeal, which was mandatory requirement. Instead, only the admissible amount as per the appellant was deposited.

However, as the appeal of the appellant has not been considered on merit, we grant 30 days' time to the appellant from the date of receipt of a certified copy of this order to deposit the entire remaining amount, as was determined by the competent controlling authority, with interest after determination of the dispute by the controlling authority and on the same being done, the appellate authority shall proceed to decide the appeal in accordance with law.

The appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U