1 WP-1480/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1480 OF 2011 Ramchandra Ballaya Samal : Petitioner versus The Controlling Authority under the Payment of Gratuity Act and anr. : Respondents. Mr. P M Patel for the Petitioner. Mr. V L Joshi for Respondent No.1. Smt. M H Doshi for Respondent No.2. CORAM : P B MAJMUDAR, R M SAVANT, JJ. DATE : 20th September 2011 P.C. 1 By way of this Petition, the Petitioner has prayed for necessary directions against the Respondents regarding issuance of the recovery certificate in favour of the Petitioner in terms of the order passed by the Controlling Authority under the Payment of Gratuity Act, 1972. Against the said order, the Respondent No.2 herein has preferred an Appeal. The said Appeal was not entertained by the Appellate Authority and dismissed by an order dated 25/08/2011 on the ground that the Respondent No.2 has not complied with the pre-deposit condition and also on the ground that the said Appeal was also time barred. 2 The learned counsel for the Petitioner states that he has no objection if the said order dated 25/08/2011 is set aside provided the Respondent No.2 deposits the entire amount before the Appellate Authority. 2 WP-1480/11 The learned counsel for the Respondent NO.2 makes a statement that if the matter is relegated back to the Appellate Authority, the entire amount as adjudicated by the Controlling Authority, would be deposited. 3 In view of the consensus between both the sides, the order dated 25/08/2011 passed by the Appellate Authority is set aside and the matter is remanded back to the Appellate Authority for deciding the Appeal of the Respondent No.2 afresh provided the Respondent No.2 deposits the entire amount as adjudicated by the Controlling Authority within a period of four weeks from date before the Appellate Authority. On such deposit the Petitioner shall be entitled to move the Appellate Authority for withdrawal of the entire amount and/or at least the undisputed amount. If any such application is made by the Petitioner, the Appellate Authority may pass appropriate orders as it deems fit. The issue of limitation is kept open and the Appellate Authority to decide the said issue in accordance with law. 4 We clarify that the above order is passed in view of the special facts and circumstances of the case, in view of the consensus between the parties. 5 Subject to what is stated above, the above Petition is disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]