Amendment status not verified — confirm the current text below against the official source.
Clause (c) and (d) re-lettered as clauses (d) and (e) by Act 25 of 1984, sec. 4 (w.e.f.1-7-1984). 6. Subs. by Act 25 of 1984, sec.4, “nominee or” (w.e.f. 1-7-1984). authority is satisfied that there is no dispute as the right of the applicant to receive the amount of gratuity. (5) For the purpose of conducting an inquiry under sub-section (4), the controlling authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:- (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (6) Any inquiry under this session shall be a judicial proceeding with the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860). (7) Any parson aggrieved by an order under sub-section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government in this behalf: Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal with in the said period of sixty days, extend the said period by a further period of sixty days: 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. COMMENTS (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.