30.09.2026 Item no. 24 Court no. 30 g.b. 266012 WPA 26951 of 2026 M/s. Murlidhar Ratanlal Exports Ltd. Vs. The Learned Appellate Authority under the Payment of Gratuity Act, 1972 & Deputy Labour Commissioner, Serampore & Ors. Mr. Soumya Majumder, Sr. Advocate Mr. Ghanshyam Pandey Ms. Rishika Pandey ….For the Petitioner Mr. Uddipan Banerjee Mr. Subhrakanti Samanta …..For the Respondent No.3 1. Affidavit of service filed be taken on record. 2. The writ application has been preferred praying for setting aside of an order dated 08.06.2026, vide which the Appellate Authority has been pleased to dismiss the appeal as not maintainable due to non-compliance of Section 7(7) of the Payment of Gratuity Act, 1972 and order dated 06.09.2024 and letter dated 18.08.2026. 3. The petitioner submits that they have deposited the admitted amount with the Appellate Authority but as the same is without interest, the Appellate Authority has passed the order impugned. 4. It appears that the Controlling Authority directed payment of gratuity plus interest amounting to Rs. 3,31,722.75/-. The petitioner has deposited a sum of Rs. 67,492.00/- as an admitted amount which the Controlling Authority shall release in 2 favour of the employee. It is for the non-deposit of the total amount that the Appellate Authority has been pleased to dismiss the case being not maintainable. 5. Mr. Majumder, learned senior counsel has relied upon a judgement of the Hon’ble Division Bench of this Court passed in MAT 254 of 2025 with MAT 2099 of 2024. 6. Mr. Majumder submits that the petitioner herein is ready and willing to deposit the balance amount but prays for leave to secure the said amount with the office of the Learned Registrar General, High Court, Calcutta, considering the fact that the High Court shall be closed for puja vacation and the petitioner apprehends that in case any adverse order is passed in the appeal, the petitioner will be left without a forum to approach, for appropriate relief on urgent basis and that the amount deposited may be released causing prejudice. 7. Considering the said fact, the writ application is disposed of with the direction that the petitioner shall to deposit the balance amount with the Controlling Authority within 30 days from the date of this order. And on such payment, the impugned order dated 08.06.2026 passed by the appellate authority shall stand quashed and set aside and the appeal shall be restored to its file, which the 3 Appellate Authority shall then proceed to dispose of in accordance with law on merit. 8. Considering the fact that when the total amount as decided by the Controlling Authority has been deposited by the petitioner/company, pending hearing of the appeal, the order of the Controlling Authority dated 06.09.2024 along with order dated 18.08.2026 shall remain stayed. In case the deposit is not made within the period directed, the order of stay shall stand vacated and the authorities shall be at liberty to proceed in accordance with law. 9. It is further directed that the Controlling Authority shall not release the balance amount deposited, and not act on its order dated 16/22.07.2025 and order dated 18.08.2026 for 45 days from the date of communication of the Appellate Court’s order to the petitioner. 10. The writ application stands disposed of. 11. 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.)