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Madras High CourtWP/11142/2016disposed of

Japanese School Educational v. The Appellate Authority Under

2016-06-03Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 03.06.2016

CORAM

THE HONOURABLE Mr. JUSTICE N. KIRUBAKARAN W.P.No.11142 of 2016 & W.M.P.No.9678 of 2016 Japanese School Educational Trust of Chennai, Rep. by Committee Member, Mr.Ryo Murao, Inside American International School, 100 Feet Road, Taramani, Chennai-600 113.

.. Petitioner

Versus

1.The Appellate Authority under the Payment of Gratuity Act, Joint Commissioner of Labour, DMS Complex, Anna Salai, Chennai-600 006.

2.The Controlling Appellate Authority under the Payment of Gratuity Act, Assistant Commissioner of Labour, DMS Complex, Anna Salai, Chennai-600 006.

3.Mr.S.Anandan .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records of the first respondent bearing No.E/643/2016, dated 15.02.2016, quash the same and consequently direct the first respondent to take up and decide the petitioner's Appeal dated 29.11.2015 against the order of the second respondent dated 06.10.2015 and decide the same on merits.

For Petitioner : Mr.Srinath Sridevan For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 & R2 Mr.T.S.Rajamohan for R3

O R D E R

The petitioner is the Educational Trust, who suffered an order to the tune of Rs.3,10,500/- payable to the third respondent as a gratuity. Against the said order, the

petitioner moved an Appeal under Section 7(7) of the Payment of Gratuity Act, 1972 (hereinafter referred as "the Act") before the Appellate Authority. Along with the Appeal, the petitioner has taken out an Application to dispense with the pre-deposit as per Section 7(7) of the Act. Both the Application and Appeal returned stating that without predeposit, the Appeal could not be entertained. The said order is being challenged before this Court.

2. Heard Mr.Srinath Sridevan, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the first and second respondents; and Mr.T.S.Rajamohan, learned counsel appearing for the third respondent.

3. A perusal of the record would show that the petitioner suffered an order before the original Authority, against which, he preferred an Appeal before the Appellate Authority under the said Act. If any appeal has to be filed, as per the proviso to Section 7(7) of the Act, the entire admitted amount of gratuity has to be deposited as a predeposit. Since the petitioner does not admit any amount towards payment of gratuity, it was stated by the petitioner in the Application submitted before the Appellate Authority that there is no necessity to deposit any amount. However, without even numbering the Application, the Appeal papers as well as Application papers were returned by the Appellate Authority. Therefore, the very purpose of filing the Application under Section 7(7) of the Act to dispense with the pre-deposit gets frustrated.

4. Therefore, the said Application has to be taken on file and to be decided on merits, after hearing both the parties. Without doing that the Authorities had returned the entire papers, directing the petitioner to deposit the amount as per the Act. Therefore, the impugned order cannot be sustained and the same has to be set-aside and it is set-aside accordingly. The Appellate Authority is directed to entertain the dispense with Application, hear both the parties and decide the matter on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that till the dispense with Application is decided, there could not be any quasi steps to be taken by the respondent.

Accordingly, the Writ Petition is disposed of. There is no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar r n s

To 1.The Appellate Authority under the Payment of Gratuity Act, Joint Commissioner of Labour, DMS Complex, Anna Salai, Chennai-600 006.

2.The Controlling Appellate Authority under the Payment of Gratuity Act, Assistant Commissioner of Labour, DMS Complex, Anna Salai, Chennai-600 006.

1 cc to Mr.T.S. Rajamohan, Advocate, Sr. 29666 1 cc to Government Pleader, Sr. 29831 1 cc to Mr.Srinath Sridevan, Advocate, Sr. 29862 W.P.No.11142 of 2016 & W.M.P.No.9678 of 2016 CA (CO) kk 1/7