DECISION This is a revision application by the United Tanning and Allied Industries against the order of Labour Court No. V, Hyderabad dismissing their appeal from the order of Authority for Payment of Wages Act, 1936 allowing an amount of Rs.49,500 as gratuity to respondent Abdul Haque Abbassy.
2. Respondent Abdul Haque Abbassy was a workman in the Tannery and he was working in the Chrome Section on a salary of Rs.2,750 per month. He was doing entire clerical work of that Section.
According to the applicants the Chrome Section was leased out to the contractor who had to pay the dues and that the applicants had settled the dues of the respondent up to the the of transfer of the Section and he was not entitled to claim anything. The Authority for Payment of Wages Act awarded Rs.49,500 as gratuity to the respondent. The appeal before the Labour Court, Hyderabad was presented on 19-1-1995 alongwith the Certificate that the amount awarded had been deposited with the Authority on 19-1-1995. It appears from the judgment of the Labour Court that the learned Presiding Officer had the impression that this amount was not deposited in the. But under section 17(a) proviso of the Payment of Wages Act the appeal filed within A the has to be accompanied by a Certificate of the Authority to the effect that the appellant had deposited with the Authority the amount payable under the direction appealed against, and this appears to have been done. The learned Labour Court should, therefore, have decided the appeal on merits and not dismissed the same on the ground that the amount in question had not been deposited with the Authority in the.
3. The case is accordingly remanded to the Lower Court for rehearing the same and passing orders on merits.