HIGH COURT OF C>HHATT€SGARH AT ELMPUR W, P. No. 166 ¢f 2095 Petitioner Cement Corporation of India‘ Mandhar Cement Plant, Mandhar, Raipur. Through: General Manager. Versus Respondents 1. Union of India. through Secretary Labour Deptt. Shram Shakti Bhawan. New Delhi. 2. Appettate Authority under Payment of Gratuity Act, Regional Labour Commissioner (Central Government) Jabalpur (Madhya Pradesh). Controlling Authority Under Payment of Gratuity Act. Aosistant Labour Commissioner (Central Government) Anand Nagar, Raipur. 4. $hri Geeta Ram, S/o Shri Dashrath $ahu, Wllage & Post omoe, Mandhar. Distt: Ralpur (6.6.). 5. Shri G. P. Kashyap, Contractor. Mandhar Cement Factor, Mandhar, Raipur. SB: Hon‘ble Mr. Justice Satish K. Agnihotri Shri N. K. Vyas, Advocate for the petitioner. Shri Rajnish Baghel. Advocate for the respondent No.1. Shri Anup Maiumdar. Advocate for the respondent No.4. Shri Rakesh Anthony. Advocate for the respondent No.5. ORDER (Passed on this 9'“ day or April. 2007) 1. The petitioner is a unit of the Cement Corporation of India. a public undertaking. involved in manufacturing of cement. The respondent No.4 is a contract worker. engaged by the respondent No.5. The petitioner Corporation tiled an appeal before the Appellate Authority. under the Payment of Gratuity Act, 1972 (for short ‘the Act, 1972') and Regional Labour Commissioner (Central). Jabalpur (MP) against the order dated 3.12.2003 passed by me Controlling 62 Authority and A.L.c.(cL Raipur. The Appéuate Authoriw dawned to entertain me appeal on the ground that the gfatuity amount, as required was not paid by the petitioner-Corporation. 2. Learned counse‘ appearing for the petitioner-Corporation submits that the petitioner-Corporation is (eadyand wining to deposit the gratuity amount as required under second previso to Section 7 (7) of the Act. 1972. 3. Thus‘ in view of the submissions made by the teamed counsel for the petitioner. the impugned order dated 3'” Match 2004 (Annexure PH) is set aside. The Appeliate Authority is directed to consider the appeals tiled by the Generai Manager, Cement Corporation of India — petitioner, subiect to the petitioner's depositing the gratuity amount within a period eftwuweeks from today. 4. In view of the foregoing this petition is aiiowed to the above extent. No orde.’ as to costs. i L“ r i i Satish K. Agnihotri Judge Sd/- Thekut i i i Tij‘a“—t ’