HIGH COURT OF CHHATHSGARH AT B!LASPUR W. P. No. 165 of 2005 Petitioner Cement Corporation 9f india, Mandhar Cement Plant, Mandhar, Raipur, ’Thmugh: Genera! Manager. Versus Respondente 1, Union of India through Secretary Labour Deplt. Shram Shakti Bhawan. New Dem}. 2. Appenate Authority under Payment ai Graiuity Act, Regional Labour Commissioner {Central Government} Jabaipur (Madhya Pradesh). Controiiing Authority Under Payment of Gratuity Act. Assistant Labour Commissioner (Centre! Government) Anand Nagar, Raipur. Shri Bharatr SIG itwari, Viliage Tanda, Post Office Akoli, Distt: Raipur (CC). 5. $hri 'i'. R. Ragara, Contractor, Mandhar Cement Factory, Mandher, Raipur. WRIT PETITION UNDER ARTECLE 226122? OF THE CONSTiTUTiON CF lNmA SB: Hon'bie Mr. Justice Satish K. Agnihotri / )to shri N. K, Vvas‘ Advocate for the petitioner. Shri Aiay Bank. Advocate for the respondent No.1. Shri Rakeeh Anthony‘ Advocate for the respondent No.5. 0 R D E R (Passed on this 9"“ day of May. 2007) A. . The petitioner is a unit of the Cement Corporation of'india. a pubiic 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 Actr 1972’} and Regional Labour Commissioner (Central). Jabaipur (MR) W t 9W against the order datec§ 3.12.2003 ‘passed by the Controli‘ing Authori‘cy and A.L.C.(C). Raipur. The Appeliate Authority declined to entertain the apaeat on the ground mat the gratuity amount. ae {equifed was not paid by the petmoner-Cerporatisn. . Learned counsei appearing for the petitioner-Corporation submits thai‘ the petitioner—Corpovahon is ready and willing to deposit the gratuity amount as required unda second proviso to Section 7 (7) of the Aet‘ 1972. Thus. in View 6f the submissiene made by the learned counsei for the peii‘tioner, the impugned order dated 3rd March 260:1 (Annexure PM) is set aside. T .e Appeiiate Authority is directed to consider the appeals filed by the Generai Manager. Cement Corporatioh of india — oetitioner. subject to the petitioner's depositing the gratuity amount within a period of two weeks from today. . in View of the foregoing. this petition is aiiowed to the above extent. Thakur J; i No order as to costs. i. i Sdl— Satish K. Agnihotri‘ ’ i Judge