The petitioner is the transferee of an Industrial establishment, which transfer was effected on lease, for a period of four years. The lease was terminated after a period of one year. The 1st respondent was an employee of the industrial establishment who retired from service and claimed gratuity before the appropriate authority under the Payment of Gratuity Act. The claim of the 1st respondent was allowed by Ext.P2, against which an appeal was filed. It was mandatory that the appeal be accompanied by the deposit of the amounts awarded; which deposit obviously, did not occur. 2. The contention of the petitioner is that the petitioner was the occupier of the establishment, only for a short period and the liability was of the respondents 2 and 3 who were the transferors, to whom the petitioner had surrendered the industrial establishment on termination of lease. The petitioner has also a contention that amounts WPC.10491/2008 : 2 :
were due from the 2nd and 3rd respondents to the petitioner on termination of lease and the major portion of the same was allowed to be retained, in settlement of statutory claims.
3. Be that as it may, dispute between the petitioner and the respondents 2 and 3 does not arise for consideration herein. Here the petitioner's contention is with respect to the challenge against Ext.P8 appellate order which declined the appeal for reason of the pre-deposit having not been complied with. In any event, it is submitted that petitioner had deposited considerable amounts before the authority in settlement of various claims. The 1st respondent can be disbursed the deposited amounts, leaving open the question of liability, which the petitioner would agitate in the appropriate forum as against the respondents 2 and 3; is the prayer now urged.
4. In such circumstance, the writ petition is closed confirming Ext.P2 and P8 orders and directing the 4th respondent to disburse the amounts due to the first respondent within a period of three weeks from the date WPC.10491/2008 : 3 :
of receipt of a copy of this judgment. If no amounts are deposited as against the claim petition, filed by the 1st respondent, then the petitioner shall deposit the amount within two weeks from today and the 1st respondent shall be allowed disbursement within two weeks thereafter.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge