Neutral Citation No. - 2025:AHC-LKO:47029 Court No. - 6 Case :- WRIT - C No. - 7760 of 2025 Petitioner :- Lucknow Public College Thru. General Manager Sri Harshit Singh And 2 Others Respondent :- Appellate Authority Under Payment Of Gratuity Act /Deputy Labour Commissioner And 2 Others Counsel for Petitioner :- Rakesh Kumar Chaudhary,Ayush Chaudhary,Rajni Kant Pandey Counsel for Respondent :- C.S.C.,Suresh Chandra Mishra Hon'ble Pankaj Bhatia,J. 1. Heard Shri Rakesh Kumar Chaudhary and Shri Ayush Chaudhary, learned counsel for the petitioners and Shri Suresh Chandra Mishra, learned counsel for respondent No.3. 2. The present petition has been filed by the petitioners alleging that on an application filed by respondent No.3 for grant of gratuity, an ex parte order came to be passed on 08.06.2023. The petitioner moved an application for recall of the ex parte order, which came to be decided on 22.06.2024 (Annexure No.11), wherein it was stated that the order dated 08.06.2023 is recalled subject to payment of cost of Rs.1,500/- and a further condition that the parties shall argue the matter on 06.05.2024 by filing their reply. 3. Learned counsel for the petitioners states that on 06.05.2024, an application was moved for adjournment as the Manager of the institution was contesting an election. It is argued that without considering the said adjournment application, an order came to be passed on 06.05.2024 concluding the proceedings. Challenging the order dated 06.05.2024, an appeal was preferred. In the said appeal, the ex parte was also put under challenge. The appellate authority by means of an order dated 10.06.2025, dismissed the appeal and affirmed the order dated 08.06.2023. 4. The contention of learned counsel for the petitioners is that no opportunity of hearing has been granted and without considering the fact that an adjournment application was filed, the order impugned has been passed. He states that approximately Rs.5.76 lacs as was determined in the order dated 08.06.2023 has already been deposited. 5. Considering the fact that respondent No.3 is contesting the litigation since the year 2022 and the order has been passed without giving an opportunity of hearing to the petitioners, the order dated 06.05.2024 and order dated 10.06.2025 are set aside. The prescribed authority shall re-hear the matter positively within a period of one month without giving any adjournment to any of the parties and shall pass a fresh order. The fresh order shall supersede the order dated 08.06.2023. 6. As the matter is substantially delayed, both the parties shall appear before the prescribed authority on 20th August, 2025 at 12:00 Noon and thereafter, the prescribed authority shall pass fresh order as directed above. 7. As an interim measure, an amount of Rs.2.60 lacs shall be paid to respondent No.3 on his furnishing a bond. 8. The writ petition is disposed of in terms of above. Order Date :- 12.8.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench