24.09.2026 Item no. 08 Court no. 30 g.b. 266012 WPA 26924 of 2026 Food Corporation of India Vs. The Union of India & Ors. Mr. Supriyo Chattopadhyay Mr. Sudip Kumar Maiti Ms. Debasree Chatterjee …… For the Petitioner Mr. K. Dalal Mr. Anindya Sundar Das ….For the Respondent No. 1 1. Affidavit of service filed be taken on record. 2. The writ application has been preferred challenging an order dated 3rd November, 2025 passed by the Appellate Authority rejecting the petitioner’s appeal on two grounds, one on the ground of limitation and the other on the ground of non-deposit of the mandatory amount, as required under the provisions of the Act. 3. On being served the Union of India is being represented. 4. Heard the learned counsels for the parties. 5. The only contention of the learned counsel for the petitioner is that he is all along willing to comply with the provisions of the Act. The only prayer is that the Appellate Authority be directed to consider his application praying for exception/waiver of the pre-deposit, as required under Section 7(7) of the 2 Payment of Gratuity Act, 1972. It is submitted that the petitioner is aggrieved that a prayer for exemption/waiver was made before the Authority which the Authority did not consider and without considering the said application in accordance with law and also not hearing the petitioner, proceeded to reject the appeal on the said ground. It is stated that no reasoned decision was taken on the said application for waiver/exemption. 6. It is further submitted that when an application is preferred, it is required that such an application is considered in accordance with law and it is to be disposed of prior to passing a final order, whether the said application is maintainable or not or is in accordance with law or not has to be decided by taking a reasoned decision and by passing a reasoned order. Admittedly there was an application dated 16.10. 2025 praying for exemption/waiver filed by the petitioner/Food Corporation of India herein. 7. Considering the said submissions and also the materials on record, this Court is of the view that principles of natural justice requires, that before rejecting an appeal, if an application in whatever form is filed before an authority, the same has to be disposed of first in accordance with law. 3 8. Accordingly, the impugned order dated 03.11.2025 is hereby quashed and set aside. The appeal is restored to its file and number before the Appellate Authority who shall proceed with the appeal afresh in accordance with law on first considering and disposing of the application for exemption/waiver preferred by the petitioner, and the Appellate Authority shall then proceed to dispose of the appeal also in accordance with law. 9. The writ application is disposed of. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after completion of all necessary formalities. ( Shampa Dutt (Paul), J.)