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1986 Supreme(Cal) 57

Mookerjee, Susanta Chatterji
City College Calcutta – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Debasis Gun, Gobinda Chandra Pal, S.N.Mukherjee, Subal Chandra Moitra

JUDGMENT

1. BY the order complained of in this application under Article 227 of the Constitution of India, the Deputy secretary, Government of West Bengal, Labour Department acting as the Appellate Authority under the Payment of Gratuity Act 1972 has rejected the prayer of the: appellant, who is the petitioner before us for condonation of delay in filing its appeal under Section 7 (7) of the said Act and has also dismissed the said appeal as time-barred. The Appellate Authority has not thereby committed any error of jurisdiction and therefore we are unable to interfere under Article 22 7 of the Constitution with the said decision of the Appellate Authority under Payment of Gratuity Act, 1972.

2. MANINDRA Kishore Chakraborty, the opposite party No. 3 in the Revisional Application, was a Lecturer of Philosophy in the City College. On 13th May, 1974 he had finally retired at the end of extended period of his service. On 15th June, 1981 he had purported to. make an application under Rule 10 (a)of the Payment of Gratuity Scheme before the Controlling Authority, West Bengal under the Payment of Gratuity Act, 1972". On 1st February, 1983 the Controlling Authority, the opposite party no. 2








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