1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 853 OF 2010. M/s. Universal Medikit Pvt. Ltd. -: versus :- Sk. Mehmood Abdul Mannan and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 24 , 2010. Heard Shri A.J. Pathak, learned counsel for petitioner. Contention is, as petitioners have not terminated service of respondent he was not entitled to grant of gratuity and by ignoring this aspect, the Competent Authority has erroneously passed the impugned order under Section 7[4] [b] of the Payment of Gratuity Act on 26.11.2007. The learned Counsel states that respondent has filed ULPA Complaint No. 98/2008 challenging the alleged termination before the Labour Court along with prayer to condone delay of 413 days in approaching it. In their reply before Labour Court, Petitioners have pointed out that they have not terminated services of respondent at all. He further points out that after adjudication by the Competent Authority, review was sought and that review has been rejected on 21.11.2009. 2 From perusal of the impugned order it is apparent that the petitioners only filed their reply before the Competent Authority in Payment of Gratuity proceedings and they remained absent on almost 12-13 dates. The said Authority therefore has accepted the affidavit evidence tendered to it by respondent. The filing of ULPA Complaint 98/2008 also shows that respondent is claiming termination. The attitude of petitioners therefore appears to be evasive and they have not taken appropriate stand before the Competent Authority by producing any evidence to show that they have continued respondent in their service. After adverse order by that Authority, they did not file any appeal as required by Section 7[7] of the Gratuity Act, possibly to avoid the condition of pre-deposit. In this situation, I am not inclined to interfere in the matter in writ jurisdiction. Writ Petition is thus dismissed with no order as to cost. JUDGE Rgd.