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RAJIV SAHAI ENDLAW, SANJEEV NARULA
S. P. Rana – Appellant
Versus
Chairman, Central Board Of Secondary Education – Respondent
JUDGMENT
1. Cm No.509/2021 in LPA No.6/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
LPA No.270/2020 & LPA No.6/2021 & CM No.508/2021 in LPA No.6/2021 (for condonation of 116 days' delay in preferring the appeal)
3. Both appeals, filed invoking Section 10 of the Delhi High Court Act, 1966 and the Letters Patent of this Court, arise out of the order dated 11th September, 2020 in W.P.(C) No.13109/2019 filed by Central Board of Secondary Education (CBSE) impugning the order dated 14th August, 2019 of the Appellate Authority under the Payment of Gratuity Act, 1972 of dismissal as barred by time of the appeal preferred by the CBSE against the order dated 25th February, 2019 of the Controlling Authority under the said Act. Vide the impugned order in both the appeals, the Single Judge, after hearing the counsels, held that there was no error in the order of the Appellate Authority insofar as dismissing the appeal of the CBSE as barred by time and holding that under the said Act, there is no power in the Appellate Authority to condone the delay in filing the appeal. However after holding so, the Single Judge, from a rea
The finding on the Appellate Authority's power to condone delay in filing the appeal will remain a mere finding if the writ petition is ultimately allowed.
An appeal is not maintainable if it does not qualify as a judgment affecting vital rights, reaffirming procedural limits under the Payment of Gratuity Act.
Disciplinary authority's failure to follow procedural rules invalidates penalty; quoting a wrong provision does not vitiate the order.
The Appellate Authority under the Payment of Gratuity Act cannot condone delays beyond 120 days for filing appeals, and strict compliance with deposit requirements is mandatory.
The Controlling Authority under the Gratuity Act has discretion to condone delay in applications for gratuity claims.
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