Section 2 (d) of the Act defines Controlling Authority  as an authority appointed by the appropriate Government under Show

Section 2 (d) of the Act defines Controlling Authority  as an authority appointed by the appropriate Government under Section 3 of the Act. Under Section 3 the Controlling Authority is made responsible for the administration of the Act and it further provides for appointment of different authorities for different areas. Section 7 deals with for determination of the amount of gratuity. Every person who is eligible for payment of gratuity under the Act is required to send a written application to the employer in the prescribed form for payment of such gratuity. Sub-section (2) of Section 7 provides once the gratuity becomes payable, the employer shall, whether an application has been made or not, determine the amount of gratuity and give notice in 28writing to the person to whom the gratuity is payable and also to the Controlling Authority specifying the amount of gratuity so determined and arrange to pay the amount of gratuity to the person to whom the gratuity is payable. The Scheme envisaged under Section 7 of the Act, is that in case of any dispute to the amount of gratuity payable to an employee under the Act or as to the admissibility of any claim of, or in relation to, an employee payable to gratuity etc. the employer is required to deposit with the Controlling Authority the admitted amount payable as gratuity. 

The High Court, in our opinion, without getting the matter enquired into could not have opined that it was a clear cut case of sexual harassment of the writ petitioner and on that basis directed initiation of a disciplinary action in the manner as..

The High Court, in our opinion, without getting the matter enquired into could not have opined that it was a clear cut case of sexual harassment of the writ petitioner and on that basis directed initiation of a disciplinary action in the manner as has been done in paragraph 8 noticed (supra).  We, in modification, of the order passed by the High Court direct that as no complaint committee has been constituted, which was imperative in character, the High Court may appoint a Three Members Committee headed by a Lady and in the event it is found that the writ petitioner was subjected to sexual harassment, the report thereof may be sent to the army authorities for initiation of a disciplinary action against the appellants herein on the basis thereof. All the expenditures which may be incurred in this behalf may be borne by the Army Authorities.

Constitution of India, 1951

Writ Petition is allowed as above with no order as to costs. All financial benefits as per Page 8 8 this order shall be paid to the petitioner as early as possible and in no case later than two months from the date of receipt of copy of this order..

Writ Petition is allowed as above with no order as to costs. All financial benefits as per Page 8 8 this order shall be paid to the petitioner as early as possible and in no case later than two months from the date of receipt of copy of this order. This order shall also be applicable to all Judicial Officers who have been denied benefit of three advance increments on the basis that they acquired higher educational qualification in law before 1.11.1999.