gratutiy appeal
raghavendra
(Querist) 30 November 2010
This query is : Resolved
sir
i have lost the case in central controlling authority payment of gratutiy act ,commissioner ordered to pay 2lakhs ,now i want to file appeal againast the oeder, but appeallate authority saying i have to deposit whole amount , sir can i get exemtion for this deposit ,
Praveen Kumar Tewari
(Expert) 30 November 2010
no. bt u can file an application for permission to deposit the few part of decretal amount, it is descretionery power of court to allowed or not.otherwise u deposit the decretal amount before the appeallate authority then u will get stay order during pendency of appeal.
Raj Kumar Makkad
(Expert) 30 November 2010
It is the discretionary power of the Appellate Authority to get deposited either part or full of the amount of the decree under appeal so pray to take some lenient view.
Kirti Kar Tripathi
(Expert) 01 December 2010
no, it is not discretionary power, it is precondition of filing appeal and obtain certificate deposit from controlling authority and attach with appeal.
Jacob Pratap
(Expert) 02 December 2010
The 2nd proviso to sub-section (7) of section 7 of the Payment of Gratuity Act, 1972 does not leave any option either with the appellant or the Appellate Authority except to deposit of gratuity amount. The proviso is as under:-
Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4), or deposits with the appellate authority such amount.
