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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Bridge and Roof Company (India) Ltd. – Appellant
Versus
Assistant Labour Commissioner (Central), Kolkata and Controlling Authority – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging the certificate dated 18th February, 2026 issued by the respondent no. 1 being the controlling authority herein, in file no. 48/06/2022-E3 and has prayed for quashing of the same along with an order dated 18th August, 2025 also issued by the respondent no. 1 the controlling authority.
2. Learned counsel for the respondent herein submits that the said order dated 18th August, 2025 is an appealable order. But as no appeal has been preferred by the petitioners till date, the same is barred by limitation and the period of limitation cannot be extended beyond the permissible limit as provided in the statute in the present case under Section 7(7) of the payment of gratuity act.
3. Learned counsel for the respondent has relied upon the following judgments:-
i. City College, Calcutta vs State of West Bengal and Ors., decided on February 10, 1986.
ii. Ali Hossain vs M/s. Budge Budge Co. Ltd. & Ors. in FMA No. 3595 of 2015 decided on 13.07.2018.
4. The petitioner on the other hand has relied upon the following judgment:-
(i) City College, Calcutta vs State of West Bengal and Ors., decided on February 10, 1986 (P
The main legal point established in the judgment is the interpretation of the statutory provisions under Section 7 of the Payment of Gratuity Act, 1972, and the legal principles related to the issuan....
The 30-day limitation for setting aside ex-parte orders under the Tamil Nadu Gratuity Rules is directory, allowing for reasonable grounds for delay while prioritizing employee welfare.
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