Section 1
[Provide further 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.]
1 [Provide further 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.]
(8) The appropriate Government or the appellate authority, as the case may be, may after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the controlling authority.
(i) Amendment to section 7 is prospective in operation; Charan Singh v. Birla Textiles, Air 1988 SC 2022.
(ii) While filling an appeal the appellant must deposit the amount of gratuity as ordered by the Controlling Authority; Sahaari Gamme Vikas Samiti Ltd. v. Controlling Authority, 1993 LLR 448 (All).
(iii) An application for condonation of delay in filing application under section 7(7) is not mandatory; Natraja Pillali v. Regional Jt. Labour Commissioner, (1993) 66 FLR 413 (Ker).
(iv) Under section 7(7) of the Act an appeal is maintainable only against the final order of the Controlling Authority; Malbar Spg. & Wvg. Mills v. N.N.Nair, (1989) 74 FJR 1989 (Ker).
(v) The employee's right to interest on delayed payment is statutory; Champaran Sugar Co. Ltd. v. Joint Labour Commissioner and Appellate Authority, (1987) 54 FLR 60 (Pat) (FB).
1[7A. Inspectors.-(1) The appropriate Government may, by notification, appoint as many Inspectors, as it deems as fit, for the purposes of this Act.