THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.22563 of 2007 ORDER: The petitioner joined the services of the 1st respondent on 10-06-1960. In August 1996, he submitted his resignation and the same was accepted on 31-08-1996. He made an effort to withdraw the resignation, but unsuccessfully. Complaining that he was not paid any amount towards gratuity, petitioner filed Application No.7 of 2006 before the Controlling Authority, under the Payment of Gratuity Act, 1972 (for short ‘the Act’). The application was resisted by the 2nd respondent on several grounds, including that of limitation. The Controlling Authority passed a detailed order on 28-02-2007, condoning the delay in presenting the application and directing the 2nd respondent to pay a sum of Rs.1 lakh towards gratuity and Rs.1,04,027/- towards interest. The 2nd respondent preferred an appeal before the Appellate Authority, under the Act, the 1st respondent herein. The appeal was allowed, through order dated 25-09-2007. Hence, this Writ Petition. Learned counsel for the petitioner submits that admittedly, no amount was paid to the petitioner towards gratuity, nor any order was passed forfeiting or withholding the said amount on any account. He contends that the Appellate Authority passed very cryptic and laconic order, setting aside the detailed order passed by the Controlling Authority. The Learned Standing Counsel for the 2nd respondent, on the other hand, submits that the claim made by the petitioner is barred by limitation, and that several amounts, due from the petitioner, were deducted from the gratuity, payable to him. He contends that the Appellate Authority though did not furnish elaborate reasons, had arrived at a just and proper conclusion. It is not in dispute that the petitioner served the 2nd respondent-company for about 36 years, and is entitled to be paid the gratuity. It is also a matter of record that no amount was paid on that account. Obviously, after pursuing the remedies unsuccessfully, through representations, he approached the Controlling Authority by filing an application under Section 7 of the Act. The Controlling Authority had undertaken a detailed discussion, and ultimately arrived at the conclusion that the petitioner is entitled to be paid the gratuity of Rs.1 lakh and awarded interest at the rate of 10%. The 2nd respondent preferred an appeal before the 1st respondent. It is rather surprising to note that the Appellate Authority has chosen to set aside the order of the Controlling Authority, without furnishing any reason, worth its name. The entire order passed by the Appellate Authority reads as under: “The appeal preferred by the Appellant is allowed since the Controlling Authority & Assistant Labour Commissioner (Central), Hyderabad has erred in allowing the gratuity claim (with interest) of the Respondent (by name Shri K. Rajamouli) after the claim has been barred by limitation by 3079 days without sufficient cause. The Respondent is not entitled for any gratuity amount from the Appellant as decided by the Controlling Authority & Assistant Labour Commissioner (Central), Hyderabad”. Such an exercise would be the result, either of inexperience, or of indifference to the office held by the incumbent. A detailed adjudication, based on oral and documentary evidence, ought not to have been set at naught in such a laconic manner. This Court takes serious exception to the order passed by the 1st respondent. It is accordingly set aside. The matter is remanded to the 1st respondent for fresh consideration and disposal, in accordance with law, after hearing both the parties. Pending disposal of the appeal, the petitioner shall be released a sum of Rs.50,000/- from out of the amount in deposit, to the credit of the appeal. The 1st respondent shall endeavour to dispose of the appeal as early as possible, after ensuring that the amount of Rs.50,000/- is released to the petitioner. The writ petition is accordingly allowed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.24-06-2008. KO