HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No. 21712 of 2009 Date: 25.11.2009 Between: G.Eswar Prasad, Sirpur Kagaznagar, Adilabad District. … Petitioners And The Deputy Commissioner of Labour cum Appellate authority under Payment of Gratuity Act, 1972, Adilabad and 2 others. … Respondents THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 21712 of 2009 O R D E R: The writ petitioner filed an application before the 2nd respondent under the Payment of Gratuity Act, 1972 (for short ‘the Act’) and Rule 10 of the Rules made thereunder, seeking a direction to the 3rd respondent herein for payment of gratuity payable to his deceased father. The 2nd respondent by order dated 21.07.2009 held that the 3rd respondent is liable to pay a sum of Rs.57,588/- to the writ petitioner together with interest and accordingly, directed the 3rd respondent to deposit a sum of Rs.67,089/- within 30 days. As against the said order, the 3rd respondent preferred an appeal before the 1st respondent on 10.08.2009. However, the 3rd respondent failed to comply with the mandatory requirement of depositing the determined gratuity. In spite of the same, since the 1st respondent entertained the appeal and since the matter was being adjourned from time to time, the petitioner filed this writ petition seeking a declaration that the action of the 1st respondent in entertaining the appeal is arbitrary, illegal being contrary to the mandatory requirement of Section 7(7) of the Act. Pursuant to the notice ordered by this Court, the 3rd respondent entered appearance before this Court and submitted that on 28.10.2009 the gratuity amount as determined by the 2nd respondent has been deposited before the 2nd respondent. Having regard to the undisputed fact that the amount has already been deposited by the 3rd respondent, no further enquiry is necessary in the writ petition. Accordingly, the writ petition is disposed of granting liberty to the writ petitioner to make an appropriate application before the 2nd respondent for withdrawal of the amount so deposited. If any such application is made, the 2nd respondent shall consider the same and pass appropriate orders in accordance with law. No costs. _____________ G.ROHINI,J Date: 25.11.2009 Note: Issue C.C. in 3 days. B/o KLP